Traditionally, bail is some form of property Property is any physical or intangible entity that is owned by a person or jointly by a group of persons. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy their property, and/or to exclude others from doing these things. Important widely recognized types of deposited or pledged to a court A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute to persuade it to release a suspect from jail A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Other terms are penitentiary, correctional facility, and jail (or gaol), although in the United States "jail" and "prison" refer to different subtypes of correctional facility. Prisons are conventionally, on the understanding that the suspect will return for trial In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute or forfeit the bail (and possibly be brought up on charges of the crime Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as " of failure to appear Failure to appear is the legal term for the failure of a defendant or respondent to appear at the stated time before a tribunal as directed in a summons. Where the conduct alleged in the summons or complaint is an infraction or summary offence, failure to appear is a crime for which a bench-warrant can be issued if the defendant promised to appear). In some cases bail money may be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. If a bondsman A bail bond agent, or bondsman, is any person or corporation which will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court. Although banks, insurance companies and other similar institutions are usually the sureties on other types of contracts, for example, to bond a contractor who is under a is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased and is not refundable.

In some countries granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary. Legislatures A legislature is a type of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings. In parliamentary systems of government, may also set out certain crimes to be not bailable, such as capital crimes Capital punishment, or the death penalty, is the execution of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from Latin capitalis, literally "regarding the head" . Hence, a capital crime was originally one.

Contents

Canada

Main article: Bail (Canada) Bail in Canada refers to the release of a person charged with a criminal offence prior to being sentenced. A person may be released by a peace officer or by the courts. A release on bail by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an

Persons charged with a criminal offence in Canada have a constitutional right Rights are legal, social, or ethical principles of freedom or entitlement — i.e. rights are normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. The concept of rights is often fundamental to civilized societies, and it is of vital importance in such disciplines to reasonable bail unless there is some compelling reason to deny it. These reasons can be related to the accused's likelihood to skip bail, or to public danger resulting from the accused being at large. In stark contrast to the United States and many other jurisdictions granting a constitutional right to bail, in Canada the accused may even be denied bail because the public confidence in the administration of justice may be disturbed by letting the individual, still legally innocent, go free pending proof of guilt (Criminal Code, s. 515 (10)(c)). Surities A surety or gurantee, in finance, is a promise by one party to assume responsbility for the debt obligation of a borrower if that borrower defaults. The person or company that provides this promise, is also known as a surety or guarantor and deposits can be imposed, but are optional.

England and Wales

History

In medieval The Middle Ages is a period of European history from the 5th century to the 15th century. The period followed the fall of the Western Roman Empire in 476, and preceded the Early Modern Era. It is the middle period in a three-period division of history: Classical, Medieval, and Modern. The term "Middle Ages" (medium aevum) was coined in England The area now called England has been settled by people of various cultures for about 35,000 years, but it takes its name from the Angles, one of the Germanic tribes who settled during the 5th and 6th centuries. England became a unified state in AD 927, and since the Age of Discovery, which began during the 15th century, has had a significant, the sheriffs A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country originally possessed the sovereign Sovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided. The concept has been discussed, debated and questioned throughout history, from the time of the Romans through to the present day, authority Authority, from the Latin word auctoritas, means invention, advice, opinion, influence, or command. Essentially authority is imposed by superiors upon inferiors either by force of arms or by force of argument (sapiential authority). Usually authority has components of both compulsion and persuasion. For this reason, as used in Roman law, authority to release or hold suspected In the parlance of criminal justice, a suspect is a known person suspected of committing a crime criminals Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as ". Some sheriffs would exploit the bail for their own gain. The Statute of Westminster (1275) limited the discretion of sheriffs with respect to the bail. Although sheriffs still had the authority to fix the amount of bail required, the statute stipulates which crimes are bailable and which are not.

In the early 17th century, King Charles I Charles I was the second son of James VI of Scots and I of England. He was King of England, King of Scotland and King of Ireland from 27 March 1625 until his execution. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles ordered noblemen Aristocracy from Greek aristo, - excellent, and kratos - power, is a form of government in which a few of the most prominent citizens rule. The term is derived from the Greek aristokratia, meaning "rule of the best". See Aristocracy for the historical roots of the term. The concept evolved in Ancient Greece, whereby a council of to issue him loans A loan is a type of debt. Like all debt instruments, a loan entails the redistribution of financial assets over time, between the lender and the borrower. Those who refused were imprisoned A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Other terms are penitentiary, correctional facility, and jail (or gaol), although in the United States "jail" and "prison" refer to different subtypes of correctional facility. Jails are conventionally. Five of the prisoners filed a habeas corpus Habeas corpus (pronounced /ˌheɪbiːəs ˈkɔrpəs/; Latin: “ that you have the body”) is a writ, or legal action, through which a person can seek relief from unlawful detention, or the relief of another person. The writ of habeas corpus protects persons from harming themselves, or from being harmed by the judicial system. Originally a petition A petition is a request to change something, most commonly made to a government official or public entity. Petitions to a deity are a form of prayer arguing that they should not be held indefinitely without trial or bail. In the Petition of Right In English law, a petition of right was a remedy available to subjects to recover property from the Crown (1628) Parliament A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French parlement, the action of parler : a parlement is a discussion. The term came to mean a meeting at which such a discussion took place. It acquired argued that the King A Monarch is the person who heads a monarchy, a form of government in which a country or entity is usually ruled or controlled by an individual who normally rules for life or until abdication. Monarchs may be autocrats or may be ceremonial heads of state who exercise little or no power or only reserve power, with actual authority vested in a had flouted Magna Carta Magna Carta is an English charter, originally issued in the year 1215, and reissued in smaller versions later in the 13th century. The later versions omit certain temporary provisions, including the most direct challenges to the monarch's authority, and passed into law in 1225. It is the 1297 version which still remains on the statute books of by imprisoning people without just Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics cause.

The Habeas Corpus Act 1679 The Habeas Corpus Act 1679 is an Act of the Parliament of England passed during the reign of King Charles II to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained can be ordered to be prosecuted before a court of law states, "A Magistrate A magistrate is a judicial officer; in ancient Rome, the word magistratus denoted one of the highest government officers with judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority. In civil law systems, a magistrate might be a judge in a superior court; the magistrate's shall discharge prisoners A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Other terms are penitentiary, correctional facility, and jail (or gaol), although in the United States "jail" and "prison" refer to different subtypes of correctional facility. Jails are conventionally from their Imprisonment taking their Recognizance, with one or more Surety A surety or gurantee, in finance, is a promise by one party to assume responsbility for the debt obligation of a borrower if that borrower defaults. The person or company that provides this promise, is also known as a surety or guarantor or Sureties, in any Sum according to the Magistrate's discretion, unless it shall appear that the Party is committed for such Matter or offences for which by law the Prisoner is not bailable." The English Bill of Rights The Bill of Rights is an act of the Parliament of England, whose title is An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown. It is often called the English Bill of Rights (1689) states that "excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. Excessive bail ought not to be required." This was a precursor of the Eighth Amendment The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The phrases employed originate in the English Bill of Rights of 1689. In Louisiana ex rel. Francis v. Resweber 329 U.S. 459 (194 to the US Constitution The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the.

Forms

In the UK there are three types of bail that can be given:[1]

By police before charge

Under the Police and Criminal Evidence Act 1984 The Police and Criminal Evidence Act 1984 (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing, the police have power to release a person, who has not been charged, on bail. This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976.[2]

By police after charge

After a person has been charged, he must ordinarily be released, on bail or without bail.[3] Unless the accused has a previous conviction (or equivalents in cases of insanity) for certain specified homicide or sexual offences[4], the accused must be released either on bail or without bail unless:[3]

(a) If the person arrested is not an arrested juvenile

(i) His name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;
(ii) The custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;
(iii) In the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;
(iiia) In the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below]
(iv) In the case of a person arrested for an offence that is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;
(v) The custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence
(vi) The custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection
(b) If he is an arrested juvenile,
(i) Any of the requirements of paragraph (a) above is satisfied
(ii) The custody officer has reasonable grounds for believing that he ought to be detained in his own interests

If he is granted bail it will be bail to appear at a Magistrates' Court A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions. A magistrates' court is presided over by a tribunal consisting of two or more justices of the peace or by a district judge (formerly known as a stipendiary magistrate), and at the next available sitting.[2]

By a court

Rights

Under current law, a defendant has an absolute right to bail if the custody Detention of suspects is the process of keeping a person who has been arrested in a police-cell, prison or other detention centre before trial or sentencing time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it[5],

Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore a person charged with a crime, should not be denied freedom unless there is a good reason.

The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:

  1. Abscond
  2. Commit further offences whilst on bail
  3. Interfere with witnesses[5]

The court should take into account the:

  1. Nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it)
  2. Character, antecedents, associations and community ties of the defendant,
  3. Defendant’s bail record, and
  4. Strength of the evidence[5]

The court may also refuse bail:

Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.[6]

The Criminal Justice Act 2003 The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland amended the Bail Act 1976 restricting the right to bail for adults who tested positive for a Class A drug Drugs controlled by the United Kingdom Misuse of Drugs Act 1971 are listed in this article and refused to be assessed or refused to participate in recommended treatment[7]

Where a defendant is charged with treason Under the law of the United Kingdom, high treason is the crime of disloyalty to the sovereign amounting to an intention to undermine their authority, or the attempt to do so. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter,, bail may only be granted by a High Court judge or by the Secretary of State.[8] Section 115 of the Coroners and Justice Act 2009 prohibits magistrates' courts from granting bail in murder cases.[9]

Conditions

Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety A surety or gurantee, in finance, is a promise by one party to assume responsbility for the debt obligation of a borrower if that borrower defaults. The person or company that provides this promise, is also known as a surety or guarantor, if the court considers that this is necessary:

Failure to comply

Failing to attend court on time as required is an offence, for which the maximum sentence in a magistrates’ court is three months' imprisonment, or twelve months in the Crown Court The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales. It is the higher court of first instance in criminal cases; however, for some purposes the Crown Court is hierarchically subordinate to the High Court and its Divisional.[10] (Sentences are usually much shorter than the maximum, but are often custody.) In addition to imposing punishment for this offence, courts will often revoke bail as they may not trust the defendant again. The amended Consolidated Criminal Practice Direction states (at paragraph 1.13.5) that "the sentence for the breach of bail should usually be custodial and consecutive to any other custodial sentence".[11]

Failing to comply with bail conditions is not an offence, but may lead to the defendant being arrested and brought back to court, where they will be remanded into custody unless the court is satisfied that they will comply with their conditions in future.

Scotland

Under Scots law Scots law is a unique legal system which has roots in various different sources of law. Up until the mid-tenth century, the law in Scotland was almost certainly Celtic, but after that point, feudal and canon law gradually took over. On succeeding to the throne in 1124, King David I introduced elements of Anglo-Norman laws and legal institutions,, no deposit or pledge of property is asked for; bail is only granted where the court is satisfied the accused will turn up for trial.

United States

In pre-independence America The term colonial history of the United Kingdom refers to the history from the start of European colonization of the Europe/European settlement to the time of independence from Europe, and especially to the history of the thirteen colonies of Britain which declared themselves independent in 1776. Starting in the late 16th century, England,, bail law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and was based on English law. Some of the colonies In politics and in history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception. The metropolitan state is the state that owns simply guaranteed their subjects the protections of that law. In 1776, after the Declaration of Independence The United States Declaration of Independence is a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain were now independent states, and thus no longer a part of the British Empire. Written primarily by Thomas Jefferson, the Declaration is a formal, those that had not already done so enacted their own versions of bail law.

Section 9 of Virginia's 1776 Constitution states "excessive bail ought not to be required..." In 1785, the following was added, "Those shall be let to bail who are apprehended for any crime not punishable in life or limb...But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail." Section 29 of the Pennsylvania Constitution of 1776 states that "Excessive bail shall not be exacted for bailable offences: And all fines shall be moderate."

The prohibition against excessive bail in the Eighth Amendment is derived from the Virginia Constitution, on which Samuel Livermore commented, "The clause seems to have no meaning to it, I do not think it necessary. What is meant by the term excessive bail...?" The Supreme Court has never decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment.[12]

The Sixth Amendment to the Constitution, like the English Habeas Corpus Act of 1679, requires that a suspect must "be informed of the nature and cause of the accusation" and thus enabling a suspect to demand bail if accused of a bailable offense.

Judiciary Act of 1789

In 1789, the same year that the United States Bill of Rights was introduced, Congress passed the Judiciary Act of 1789. This specified which types of crimes were bailable and set bounds on a judge's discretion in setting bail. The Act states that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge.

The Judiciary Act states, "Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein."

Bail Reform Act of 1966

In 1966, Congress enacted the Bail Reform Act of 1966, which states that a non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond, unless the judicial officer determines that such incentives will not adequately assure his appearance at trial. In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger. In non-capital cases, the Act does not permit a judge to consider a suspect's danger to the community, only in capital cases or after conviction is the judge authorized to do so.

The 1966 Act was particularly criticized within the District of Columbia, where all crimes formerly fell under Federal bail law. In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again.

The Judicial Council committee recommended that, even in non-capital cases, a person's dangerousness should be considered in determining conditions for release. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness and risk of flight when setting bail in noncapital cases.

Current federal law

In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is that it allows pre-trial detention of individuals based upon their danger to the community; under prior law and traditional bail statutes in the U.S., pre-trial detention was to be based solely upon the risk of flight.

18 USC 3142(f) provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering. There is a special hearing held to determine whether the defendant fits within these categories; anyone not within them must be admitted to bail.

The Supreme Court upheld the 1984 bail law's pretrial detention provisions in the 1987 case of United States v. Salerno.

State laws

Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence. Generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Recently, some states have enacted statutes modelled on federal law that permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.

Some states have very strict guidelines for judges to follow; these are usually provided in the form of a published bail schedule.[13] These schedules list every single crime defined by state law and prescribe a presumptive dollar value of bail for each one. Judges who wish to depart from the schedule must state specific reasons on the record for doing so. Some states go so far as to require certain forfeitures, bail, and fines for certain crimes.[14]

In Texas, bail is automatically granted after conviction if an appeal is lodged, but only if the sentence is fifteen years imprisonment or less. In Tennessee, all offenses are bailable, but bail may be denied to those accused of capital crimes.[15]

Forms

In the United States there are several forms of bail used, these vary from jurisdiction, but the common forms of bail include:

  1. Recognizance - when an accused is released on recognizance, he or she promises to the court that he will attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited. This is called an unsecured appearance bond or release on one's own recognizance.[16]
  2. Citation Release also known as Cite Out - This procedure involves the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he or she must appear at an appointed court date. Cite Outs usually occur immediately after an individual is arrested and no financial security is taken.[16]
  3. Surety Bond - by a surety bond, a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. This is also known as surety on the bond. The bail agent guarantees to the court that they will pay the forfeited bond if a defendant fails to appear for their scheduled court appearances, so the third party must have adequate assets to satisfy the face value of the bond. In turn, the Bond Agency charges a premium for this service and usually requires collateral from a guarantor. The bail agent then posts a bond for the amount of the bail, to guarantee the arrestee's return to court.[16]
  4. Property Bond - the accused or a person acting on his behalf pledges real property having a value at least equal to the amount of the bail. If the principal fails to appear for trial the state can levy or institute foreclosure proceedings against the property to recover the bail. Used in rare cases and in certain jurisdictions. Often, the equity of the property must be twice the amount of the bail set.[16]
  5. Cash - typically "cash-only," where the only form of bail that the Court will accept is cash. Cash bond requires an individual to post the total amount of the bail in cash. The court holds this money until the case is concluded. Full cash bonds provide a powerful incentive for defendants to appear at trial. If the defendant does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. If the defendant shows up for his/her scheduled court appearances, the cash is returned to him/her. In this case, the defendant may be his or her own guarantor.[16][17]
  6. Combinations - courts often allow defendants to post cash bail or bond, and then impose further conditions, as mentioned below, to protect the community or ensure attendance.

Controversy

A series of reports by National Public Radio in January 2010 criticized practices in many jurisdictions, which limit funding for pre-trial release programs and result in many poor defendants being held in jail because they cannot afford bail. The series reports that because of the cost differential between pre-trial release (using house arrest, ankle monitor, periodic check-ins, or without monitoring) and detention in jail, this results in billions of dollars of spending and jail overcrowding, which does not significantly increase the chances of a defendant appearing for trial. It also attributed the constriction of resources for what supporters feel are cost-effective pre-trial release programs to lobbyists for bail bondsmen. The series also reported that bondsmen benefit from laws or practices that do not require them to pay the government a substantial fraction of the actual bail forfeited when defendants fail to show, creating a lack of incentive for bondsmen to compel their customers to appear in court. The series also documented cases where the inability to make bail pressured detainees to plead guilty, and had a negative impact on their economic circumstances, compared with those detainees who could afford bail.[18]

There has been a response to the argument that poor defendants cannot get out of jail on bail because they cannot afford it. In the state of New Jersey, like many states throughout the country, a defendant can secure a bail bond by agreeing to pay the fee, which is normally ten percent of the bond amount over time. Throughout the industry this is commonly referred to as a payment plan. In theory, this may seem like a good idea, however, if a defendant fails to make a payment, the bail bond company does not have the right to revoke the bail that was set by a judge. This allows a defendant to be released on bail without ever paying the premium owed to the bail bond company.

See also

References

  1. ^ "Bail Conditions", Dorset Police, accessed 30 December 2008.
  2. ^ a b Police and Criminal Evidence Act 1984, section 34 (5).
  3. ^ a b Police and Criminal Evidence Act 1984, section 38
  4. ^ Criminal Justice and Public Order Act 1994, section 25
  5. ^ a b c d e Bail Act 1976, Schedule 1
  6. ^ Criminal Justice and Public Order Act 1994, section 25; R v Crown Court at Harrow [2006] UKHL 42
  7. ^ Section 19 Criminal Justice Act 2003: Drug users: restriction on bail
  8. ^ Magistrates' Courts Act 1980, section 41
  9. ^ Coroners and Justice Act 2009, s.115
  10. ^ Bail Act 1976, section 6(7)
  11. ^ Offence of absconding
  12. ^ http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
  13. ^ Bail Schedule, Los Angeles Superior Court. The L.A. Superior Court is the largest trial court system in the United States.
  14. ^ State of Utah courts
  15. ^ Tenn. Const. Art. I, s 10.
  16. ^ a b c d e http://www.avoidjail.com/content/start/bailstart.html, Avoid Jail Bail Bonds, Kerby Carambot Bail Agent "What are Bail Bonds" 2009
  17. ^ Cash-Only Bail Bonds
  18. ^
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Protestors lie on the ground during a rally against the Wall Street bailouts Thursday Sept 25 2008 in New York AP Mary Altaffer

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Tue Jul 27 18:59:34 2010
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No Bail Reduction For Accused Drunk Driver - Las Vegas News Story ...
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No Bail Reduction For Accused Drunk Driver - Las Vegas News Story ...

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Fri, 23 Jul 2010 22:44:52 GM

Las vegas -- Despite pleas to have her . bail. reduced, a judge denied to lower the $5000 amount set for a woman accused of driving drunk and killing a Las Vegas man. Friday, July 23, 2010.

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Mon Jul 26 17:26:52 2010
'Bail' Answers
Shouldn't the government bail out by supplementing bank depositors earning lower interest rates?
Q. It bailed out wall street and some banks, why are depositors asked to bail out the banks with lower interest on savings? Shouldn't the government supplement that drop in interest to encourage more savings?
Asked by gismoII - Tue Mar 18 13:04:03 2008 - - 2 Answers - 0 Comments

A. they will not -- but before it is over they will also bale out the stupid lenders who borrowed over there heads!!!
Answered by mister ed - Tue Mar 18 14:57:48 2008

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Mon Jul 26 17:26:44 2010
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