BAIL, practice, contracts. What is the purpose of bail? By bail is understood sureties , given according to law , to insure the appearance of a party in court. For most serious crimes a judge or magistrate sets bail during an arraignment, or in federal court at a detention hearing.
The Constitution of the United States directs that excessive bail shall not be required. Bail , procedure by which a judge or magistrate sets at liberty one who has been arrested or imprisone upon receipt of security to ensure the released prisoner’s later appearance in court for further proceedings.
Bail Cash or a bond given to the court by a prisoner to secure conditional release from custody. A failure to return triggers the bond obligation and allows the court to keep any money given as security. In some countries, especially the United States, bail usually implies a bail bon a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention.
A bail-in is the opposite of a bailout , which. Bail Bond A written promise signed by a defendant or a surety (one who promises to act in place of another) to pay an amount fixed by a court should the defendant named in the document fail to appear in court for the designated criminal proceeding at the date and time specified. It is rather a way of securing a defendant’s agreement to abide by certain conditions and return to court. Bail is not intended as a punishment in itself. The pilot bailed out safely.
Bail Piece Law and Legal Definition.
Bail piece refers to a document recording the nature of the bail which is granted to a defendant in a civil action. Generally, a bail piece is filed with a court. It is usually signed by the defendant’s sureties. A bail piece is not simply an authority for arrest, but is considered a evidence of the relationship between the parties. The bail bond is cosigned by a bail bondsman, who charges the defendant a fee in.
Still the best and most comprehensive treatment is Foote, The Coming Constitutional Crisis in Bail : I, 1U. The statute is summarized at pp. The amount of money required as bail is generally set by a judge, and is a sufficient sum to ensure the accused will return to court as directe in order to get his money back. Bailed-out suspects commonly must comply with conditions of release.
If a suspect violates a condition, a judge may revoke bail and order the suspect re-arrested and returned to jail. Some bail conditions, such as a requirement that a suspect obey all laws , are common. Other conditions may reflect the crime for which a suspect was arrested. Unless this right to bail before trial is preserve the presumption of innocence, secured only after centuries of struggle, would lose its meaning. The bail clause was lifted with slight changes from the English Bill of Rights Act.
In England that clause has never been thought to accord a right to bail in all cases, but merely to provide that bail shall not be excessive in those cases where it is proper to grant bail. Cash, stocks, bonds, or real estate as security for bail. Bail deposits by person other than defendant.
Uniform schedule of amounts of bail in designated nonviolent Class D felonies, misdemeanors, and violations.
For minor crimes bail is usually set by a schedule which will show the amount to be paid. Carpenter is free on bail while he appeals his conviction. She was murdered by a man who was out on bail for rape.
The three men were released on bail pending an appeal. No definition is provided in the code of criminal procedure. And it means the release of a person from prison awaiting trial or appeal. The court is having discretion to release the accused from jail. A certificate given by a judge or the clerk of the court, or other person authorized to keep the recor in which it is certified that A B, the bail , became bail , for C the defendant, in a certain sum, and in a particular case.
A bond is the bondsman’s pledge to make good on the bail if the defendant doesn’t appear. Mode of payment: Cash only. Third party agrees to be responsible for the debt and obligation of the defendant. The majority of them had not been convicted of a crime. After an arrest — wrongful or not — a person’s ability to leave jail and return home to fight the charges depends on money.
Originally, bail was supposed to make sure people return to. The two authorities that can grant bail are police and courts. A defendant may post his or her own bail , or may find another person to do so.