Which term describes what defendants must post to be released from custody until their trial?

Bail: A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when they're supposed to. bail bond: A legal paper that you buy from a bondsman and give to the court instead of bail.

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Motion to Release Defendant and Set Reasonable Bail

Guam Motion to Release Defendant and Set Reasonable Bail

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02728BG

Format:

Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Defendants charged with violent felonies as defined by Penal Code § 667.5(c), with serious felonies as defined by Penal Code § 1192.7(c), or with specific domestic violence offenses may not be released on their own recognizance without an open court hearing.

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

Pretrial Release by the Court. The Penal Code provides four options for pretrial release: release on bail; release on own recognizance (OR); release under supervision; and pretrial diversion.

The eighth amendment in the American Bill of Rights was adopted from the English Bill of Rights of 1689 and provides that excessive bail or fines shall not be imposed. Interpretations of the U.S. Constitution and State constitutions have consistently upheld the right to deny bail in capital cases.

Research described below suggests that people who lack economic resources?as well as people of color?may be particularly likely to be held in custody while awaiting the resolution of their cases?irrespective of the merits of their cases or their likelihood of pretrial success.

Defendants charged with a property offense were most likely to be released prior to the adjudication of their case (73%), while defendants charged with an immigration offense were least likely to be released (12%) (figure 1). There were 750,688 pretrial cases disposed during FYs 2011?18.

?All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excess fines imposed, nor cruel and unusual punishments inflicted.?

Bail: A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when they're supposed to. bail bond: A legal paper that you buy from a bondsman and give to the court instead of bail.