Bail works by releasing a defendant in exchange for money that the court holds until all proceedings and trials surrounding the accused person are complete. The court hopes that the defendant will show up for his or her court dates in order to recover the bail.
Someone arrested on a criminal charge may be held until trial, unless they furnish the required bail. The posting of a bail bond acquired by or on behalf of the incarcerated person is one means of meeting the required bail. When a bond is issued, the bonding company guarantees that the defendant will appear in court at a given time and place
Judges are responsible for setting bail. Because many people want to get out of jail immediately (instead of waiting up to five days to see a judge), most jails have standard bail schedules that specify bail amounts for common crimes. An arrested person can get out of jail quickly by paying the amount set forth in the bail schedule.
The Eighth Amendment to the U. S. Constitution requires that bail not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. Remember: The purpose of bail is to allow the arrested person to remain free until convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep the suspect from fleeing before a case is over.
- bail-jumping - the criminal offense of defaulting on one’s bail
- bailee - a person who receives personal property from another as a bailment
- bailer/bail agent/bail bondsman - one who provides bail as a surety for a criminal defendant’s release
- bail bond - a bond given to a court by a criminal defendant’s surety to guarantee that the defendant will duly appear in court in the future and, if the defendant is jailed, to obtain the defendant’s release from confinement
- bail commissioner - a judge empowered to hold an emergency hearing to set bail when a hearing cannot be held during regular court hours
- excessive bail - bail that is unreasonably high considering both the offense with which the accused is charged and the risk that the accused will not appear for trial
- personal recognizance - the release of a defendant in a criminal case in which the court takes the defendant’s word that he or she will appear for a scheduled matter or when told to appear
- surety - a person who is primarily liable for the payment of another’s debt or the performance of another’s obligation
|
