May 24, 2010
Important FAQS About Bail Bond
What Is Bail?
The term Bail is used in several distinct senses; it may mean the security cash or bond given for the appearance of the prisoner. It may mean the bondsman like the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released. It may refer to the release of the defendant (if he was bailed out). The first definition is the most common and should be employed for clarity.
What’s The Term Undertaking Means?
An undertaking is a permissible kind of bail security. The taking of bail consists of a competent court accepting an undertaking of certain security for the appearance of the defendant, according to the terms, or the surety must pay a specified sum to the state. Corporate sureties are commonly used and the court can accept an admitted surety insurer`s bail bond if executed by the insurer`s licensed bail agent and issued in the insurer`s name by an authorized person.
Do You Always Have To Use A Bail Bondsman?
The defendant or any other person may deposit the amount of money mentioned in the bail order or bail schedule. Cash is accepted and it is the practice for each court to adopt a written policy permitting acceptance of checks or money orders, upon conditions that tend to assure their validity, in payment of bail deposits.
The Purpose Of Bail
The purpose of bail is to assure the attendance of the defendant, when his presence is required in the court whether before or after conviction. Bail doesn’t mean of punishing a defendant, nor a suggestion of revenue to the government.
Someone Might Think That The Money To Be Used To Bail Someone Out Is The Product Of Criminal Activity?
The magistrate or the judge may stay the release of a defendant if an officer or prosecutor files a sworn declaration demonstrating probable cause to believe the source of the consideration, etc. was feloniously obtained, or the judge or magistrate has probable cause to believe the source was feloniously obtained. If probably cause exists, the defendant then bears the burden by a preponderance of evidence to prove that no part of the source was so obtained. A defendant who prevails must be released on issuance of a bail bond as specified.
Is Bail bond A Matter Of Right?
Even the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. But with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A crime is a capital offense if the statute makes it potentially punishable by death, even if the prosecutor has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is great when he or she is facing death or life in prison without the possibility of parole.
