What Is Bail?
The term Bail is used in several distinct senses: (1) It may mean the securitycash or bondgiven for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of securityeither an undertaking or depositfor the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.
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Additional Bail Specifics FAQs
- How Much Does A Bail Bond Cost?
- When Talking About Bail, What Do You Mean By The Term Undertaking?
- Must You Always Use A Bail Bondsman?
- What If Someone Believes That The Money To Be Used To Bail Someone Out Is The Product Of Criminal Activity?
- What Is The Purpose Of Bail?
- Is Bail A Matter Of Right?
- Is The Public Safety Considered In The Decision To Admit A Defendant To Bail, Or To Deny Bail?
- What Is Considered By The Court In Fixing The Amount Of The Bail?
- Does The Bail Bond Continue Forever, Can You Get It Back?
- What If The Defendant Is Sentenced To Probation?
- What If The Defendant Is Placed In A Diversion Program?
- What If The Defendant Absconds?
- In What Instances Will The Bail Be Forfeited?
- If The Defendant Does Not Appear And The Court Orders A Forfeiture, Can It Be Set Aside If He Later Appears?
- When Can A Court Order A Recommitment?
- If The Defendant Has Absconded, What Must The Bail Fugitive Recovery Person Be Able To Show? Is That Person A Bounty Hunter?
- What If The Underlying Criminal Charge For Which Bail Was Granted Is Dismissed?
- What About Release On One's Own Recognizance?
- When Can Bail Be Increased?
- What Else May Happen When A Defendant Fails To Appear?
- What Is An Immigration Bond?
- What Is A Bail Bond Indemnitor?
- How Does The Bail Process Work?