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. The bond is in the nature of a contract between the state on one side and the defendant and his sureties o
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 th
Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.
Bail means “monetary conditions of release.” Any person arrested for a criminal offense is eligible for bail under conditions designed to make sure the person appears for court, the community is protected from serious bodily harm, and witnesses aren’t intimidated. Bail is set at (or after) the initial appearance. The judge can set one of two kinds of monetary bail, a cash bond or a signature (recognizance) bond. A cash bond requires the person to post an actual amount of cash before release. A signature bond requires the person to sign a bond promising to pay a certain amount if he violates his release, but releases the person without him paying the cash up front. In addition to money, the court can set such other conditions as the judge thinks are necessary to protect the public and prevent further offenses. Commonly, defendants are ordered not to drink alcohol or be in bars. Other conditions tend to match the type of crime. A criminal charge relating to children might result in bail
The purpose of the bail system is to guarantee the appearance of a defendant in court. Bail is basic to the system of individual protection set up by the U. S. Constitution (Eighth Amendment). Without bail, a person could be held indefinitely, until it is convenient to release him. Bail bolsters what the U. S. Supreme Court has called a traditional right to freedom before conviction. It also permits the unhampered preparation of a defense and serves to prevent the infliction of punishment prior to conviction. Unless this right to bail before trial is preserved, the presumption of innocence — which every defendant retains until proven guilty — would lose its meaning.It must also be noted that the Eighth Amendment provisions deal only with the time before a defendant is tried for his crime. Court cases are uniform in holding that the constitutional guarantee of bail does not apply after conviction. Thus, though bail after conviction and pending appeal is normally available to a defenda
