Difference between revisions of "Bail"
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Types of Bail | Types of Bail | ||
There are several conditions under which a person may be released on bail. | There are several conditions under which a person may be released on bail. | ||
| − | * Release on Own Recognizance (ROR) - release on a promise to return to court when necessary and to comply with any other conditions set. ROR is particularly appropriate where, for example, the defendant is employed, has family and property within the community, and is a non-violent first offender. | + | * '''Release on Own Recognizance (ROR)''' - release on a promise to return to court when necessary and to comply with any other conditions set. ROR is particularly appropriate where, for example, the defendant is employed, has family and property within the community, and is a non-violent first offender. |
| − | * Third Party Custody - release on the promise of someone other than the defendant to return the defendant to court when necessary and to assure compliance with any other conditions set. Consider whether there is a responsible family member who could serve in this role. | + | * '''Third Party Custody''' - release on the promise of someone other than the defendant to return the defendant to court when necessary and to assure compliance with any other conditions set. Consider whether there is a responsible family member who could serve in this role. |
| − | * Unsecured Appearance Bond - a promise to return to court when necessary and to comply with any other conditions set or be liable for a money judgment in the amount of the bond. | + | * '''Unsecured Appearance Bond''' - a promise to return to court when necessary and to comply with any other conditions set or be liable for a money judgment in the amount of the bond. |
| − | * Cash Bond - a promise to return to court when necessary and comply with any other conditions set or forfeit a sum of money which has to be deposited with the court clerk before release. If the defendant always appears and complies, the money is returned at the conclusion of the case. | + | * '''Cash Bond''' - a promise to return to court when necessary and comply with any other conditions set or forfeit a sum of money which has to be deposited with the court clerk before release. If the defendant always appears and complies, the money is returned at the conclusion of the case. |
| − | * Percent Bond - a promise to return to court when necessary and comply with any other conditions set or be liable for a money judgment in the amount of the bond, a specified percent of which (usually 10%) has to be deposited with the court clerk before release. If the defendant always appears and complies, the money is returned. | + | * '''Percent Bond''' - a promise to return to court when necessary and comply with any other conditions set or be liable for a money judgment in the amount of the bond, a specified percent of which (usually 10%) has to be deposited with the court clerk before release. If the defendant always appears and complies, the money is returned. |
| − | * Property Bond - a promise to return to court when necessary and comply with any other conditions set or be liable for a money judgment in the amount of the bond, secured by a lien on specific property granted to the court. If the defendant always appears and complies, the lien is dissolved; and the person remains the owner of to the property. The property can be the defendant's or it can belong to another person willing to take this risk. | + | * '''Property Bond''' - a promise to return to court when necessary and comply with any other conditions set or be liable for a money judgment in the amount of the bond, secured by a lien on specific property granted to the court. If the defendant always appears and complies, the lien is dissolved; and the person remains the owner of to the property. The property can be the defendant's or it can belong to another person willing to take this risk. |
| − | * Surety Bond - a promise of a paid professional bail bondsman to return the defendant to court when necessary and assure compliance with any other conditions set or be liable for a money judgment in the amount of the bond. These types of bonds are commonly known as "bail bonds." | + | * '''Surety Bond''' - a promise of a paid professional bail bondsman to return the defendant to court when necessary and assure compliance with any other conditions set or be liable for a money judgment in the amount of the bond. These types of bonds are commonly known as "bail bonds." |
Factors which are considered by the court in granting bail include | Factors which are considered by the court in granting bail include | ||
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===Pre-Trial Appointment=== | ===Pre-Trial Appointment=== | ||
| − | It is essential that the defendant's lawyer be appointed as soon as possible, so that she has the time and capacity to build the best possible defense. By getting a case at the earliest possible stage, the lawyer will be in the position to work with her clients to gather evidence, identify witnesses, learn about the witnesses' families, and begin to explore program, educational and sentencing options in the fullest possible manner. Lawyers should strive to have contact with clients at the investigation stage, immediately after the first interrogation. Early representation is key to lawyers establishing a productive relationship with their clients. This will also ensure that attorneys can gather all of the information necessary to make the best possible bail application. | + | It is essential that the defendant's lawyer be appointed as soon as possible, so that she has the time and capacity to build the best possible defense. By getting a case at the earliest possible stage, the lawyer will be in the position to work with her clients to gather [[evidence]], identify witnesses, learn about the witnesses' families, and begin to explore program, educational and [[sentencing]] options in the fullest possible manner. Lawyers should strive to have contact with clients at the [[investigation]] stage, immediately after the first interrogation. Early representation is key to lawyers establishing a productive relationship with their clients. This will also ensure that attorneys can gather all of the information necessary to make the best possible bail application. |
Any of the facts that the lawyer learns in the course of her interview with the client or the client's family can then be independently verified. For instance, in a juvenile case, the defense lawyers may learn from a client or his family that he is a serious student. The defense's argument for release on bail may be made more forceful if the lawyer is able to produce the client's school records documenting that the client is indeed a good student, and that he attends school regularly. | Any of the facts that the lawyer learns in the course of her interview with the client or the client's family can then be independently verified. For instance, in a juvenile case, the defense lawyers may learn from a client or his family that he is a serious student. The defense's argument for release on bail may be made more forceful if the lawyer is able to produce the client's school records documenting that the client is indeed a good student, and that he attends school regularly. | ||
