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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.

Other Bail Specifics FAQs

Q: How Much Does A Bail Bond Cost?
A: Federal Courts 15% of the bond amount Immigration Bond 20% of the bond amount State Courts Anywhere between 10% and 15% of the bond amount, depending on the state in … More
Q: When Talking About Bail, What Do You Mean By The Term Undertaking?
A: An undertaking is a permissible type of bail security. The taking of bail consists of a competent court accepting an undertaking of sufficient security for the … More
Q: Must You Always Use A Bail Bondsman?
A: The defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for each court to adopt … More
Q: What If Someone Believes That The Money To Be Used To Bail Someone Out Is The Product Of Criminal Activity?
A: The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the … More
Q: What Is The Purpose Of Bail?
A: The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a … More
Q: Is Bail A Matter Of Right?
A: Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain … More
Q: Is The Public Safety Considered In The Decision To Admit A Defendant To Bail, Or To Deny Bail?
A: Bail can be denied in certain noncapital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption … More
Q: What Is Considered By The Court In Fixing The Amount Of The Bail?
A: The amount of the bail is primarily within the discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to punish, … More
Q: Does The Bail Bond Continue Forever, Can You Get It Back?
A: When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated … More
Q: What If The Defendant Is Sentenced To Probation?
A: A defendant who is convicted and given probation is released from custody, and the bail must be exonerated.