What is bail?
The term Bail is used in several distinct senses: (1) It may mean the security/cash or bond given 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 security – either an undertaking or deposit – for 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.
Bail is the posting of an amount of money, either by bond through a bail bondsperson or in cash, to the court to ensure a defendant return to court. Bail is set by bail schedule in each county, that amount can be modified downward or upward depending on the circumstances of each individual case. Some determining factors are the seriousness of the offense, the defendant’s ties to the community where the alleged offense occurred, the defendant’s prior record and possible protection of the community. For purposes of bail, the court must assume the defendant is guilty of the charges as filed. There are times we can arrange for an O.R. Release, which means a defendant can be released without the necessity of posting bail. Prior to posting bail call (714) 550-1101!
How Bail Works Q. What is a Bail Bond? A. Most people are familiar with bail bonds. 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. The Government entity (state or federal) in whose court the defendant must appear, is protected by the bond. If the defendant fails to appear, the bond amount becomes payable and is forfeited as a penalty by the surety insurer issuing the bond. Bail bonds usually require collateral (cash, a deed, or other property) to protect the surety. Bail bonds are issued by licensed “Bail Agents” who specialize in their underwriting and issuance. Bail agents act as the appointed representatives of licensed surety insurance companies. Q. What is the purpose of bail? A.
Bail is money that some criminal defendants are required to deposit to guarantee that they will return to court if released from jail while their cases are pending. The judge sets the amount, and the money is deposited with the clerk of the court. It is returned after the case is finished. Bail may be posted as “cash,” or through a bond. A bond is a legal contract that requires someone to pay money if a defendant fails to return to court. It is guaranteed by the assets of the person who posted it, such as real estate, savings, or valuable personal property. A “surety” bond is one in which another person or a bail bond company – the “obligor” – undertakes to ensure that a defendant returns to court, upon penalty of losing the bail amount if the defendant fails to do so. An “appearance” bond is one in which the defendant him or herself is the obligor. Most commonly, the court will direct that bail be posted in cash or as an insurance company bail bond. Often the bond amount will be highe
