The Rhode Island Affidavit for Bail is a legal document used to affirm and guarantee a defendant’s appearance in court. It is typically used when a defendant has been arrested and is unable to make bail. The affidavit is signed by an individual, usually a family member or close friend of the defendant, who is known as the obliged, and promises to pay a set amount of money if the defendant fails to appear in court. There are two types of Rhode Island Affidavit for Bail: the Limited Bail Affidavit and the Surety Bail Affidavit. The Limited Bail Affidavit is a simple agreement between the obliged and the court that the obliged will pay a certain amount if the defendant fails to appear in court. The Surety Bail Affidavit is a more complex agreement that requires the obliged to secure a third party, the surety, who will then be responsible for any bail payment in the event of the defendant’s failure to appear in court.
Rhode Island Affidavit for Bail
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How to fill out Rhode Island Affidavit For Bail?
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FAQ
A divorce is filed by submitting to the family court clerk the following forms: a complaint, a DR6, two statements listing the children of the divorce, a family services counseling report form, a report of divorce, a copy of the marriage certificate, the summons, and the filing fee.
Surety bail requires the posting of a percentage of money. In Rhode Island, defendants are required to post 10% of the amount of bail ordered by the judge. For example, if the judge sets bail at $10,000 with surety, the defendant will be required to pay $1,000.
A miscellaneous petition or complaint for custody is filed by submitting to the family clerk the following documents: the complaint for custody, a dr6, the family services counseling form, the summons, and the filing fee. If you cannot pay the filing fee, you should file for in forma pauperis status.
Pursuant to G.L. 1956 § 2-13-10, any balance of bail funds available after the payment of restitution, fines, and costs, or any other assessments issued by any court within the Rhode Island Judiciary, must be refunded to the defendant or the individual who posted the money on behalf of the defendant.
In Rhode Island, defendants are required to 'Post' 10% of the total value of the bail set by the Judge. Therefore, if the Judge sets bail at $20,000 with surety on a case the defendant must post $2,000 to be granted his release from prison pending trial on the charge.
Cash or surety bail may be imposed only if one or more conditions exist: ? The court is reasonably satisfied defendant will not appear. ? The court is reasonably satisfied defendant will engage in other criminal contacts.
In Rhode Island, the right to bail only exists prior to conviction. There is no right to bail for defendants pending appeal after conviction or defendants pending any other form of post-conviction relief.