Bails and Bonds
Bails and Bonds CJ 100
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This 2 page Class Notes was uploaded by Erica Kugler on Friday March 13, 2015. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 221 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 03/13/15
Bail and Bond System Bail Pretrial Release 0 Bail sum of money or property specified by a judge that the defendent must present to the court in order to gain pretrial release 0 Process 1 charged with a crime 2 judge decides or denies bail I Bail set after someone is charged but before their convictionacquittal ie trial I Bail is NOT a constitutional guarantee I QUIZ 2 QUESTION 0 Can you be denied bail answer Yes 0 Bail will be forfeited if the defendant doesn t appear in court as scheduled o How to pay bail cash savings sign off assets 0 Methods of bail payment is paid directly to the court 0 What happens is that the defendant pays the court the bail value and promises to appear in court later I If the defendant does appear in court the bail can be returned I If the defendant fails to appear in court the court can keep what the defendant posted to make bail An arrest warrant is then issued 0 Bail system defendant deals directly with the court to pay for release Reforming the Bail System 0 Pretrial Release Methods Citations Release on Recognizance ROR and Ten Percent Cash Bail 0 Citations I Pay money to the court but amount paid is less than what a bail would be 0 Have to pay less easier to gain pretrial release I Starting to be issued with more serious offenses 0 Release on Recognizance ROR I Judge has discretion over the release of a defendant 0 Takes into consideration the defendant s 1 reliability and 2 roots in the community 0 Looks at the defendants flight risk skip out on appearing in court later 0 Ex 1st offense judge may be lenient 0 Ex If a defendant is well established within the community heshe is less likely to flee as judge may be lenient 0 Ten Percent Cash Bail I Defendant on has to pay in cash 10 of the bail amount to be released Bail Bondsman Bonds 0 Bondsman private business that loans money to a defendant who lacks money to make bail o It is a third party in the pretrial release system 0 Bond businesses charge a fee 510 of bail amount before they put up the defendant s bail o For the defendant that money is lost I Even if the charged are dropped or the defendant is acquired the bondsman still gets to keep that fee charge 0 Bondsman has vested interest in having their client appear in court because they want to get their money back from the court no appearance court keeps money bondsman mad o If the client missed a court date bondsman can use bounty hunters or be their own bounty hunter to locate and bring himher to court I Bounty hunters have 6090 days to apprehend the client 0 Bond system defendant works through a 3rel party to pay for release Bounty Hunters 0 Also called quotBail Enforcement Agents 0 They are hired by bondsmen to find defendants who have skipped out on bail o Skippy donut on bail failed to reappear in court
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