Recommended: Concept of bail bonding
In criminal cases, Pretrial release is where a defendant is released from jail while the criminal case is pending. The release usually begins with a bond (criminal-law.com). Pretrial procedures tend to follow the general pattern of civil cases, but with imperative modifications. The functions of the pretrial release decision by attaining defendants for trial which maintains the integrity of the judicial process, the protections of witnesses and victims, as well as the community from interference, threats, or dangers (americanbar.org). The most crucial crimes are felonies which, the punishment is imprisonment for at least a year, usually in a federal or a state penitentiary.
A bail bondsman will accept cash. If you hire a bail bondsman, the money will be non-refundable. The bail bond allows the defendant to be released from jail. The bail bond is paper documentation, and it promises the appearance of the alleged criminal in court. Property Bond
That’s when is released from jail while the criminal case is pending. Usually begging with a bond which is a contract between bondsmen and defendant’s the defendant pays to get out of jail. There are three types of bonds personal recognizance bond this type is when a defendant promises they will show up to court also known as release on recognizance or (ROR) this is when the defendant is seen as reliable and has roots in the community. Since you can’t do that with every defendant another type of bails bond is a cash bond used in many states the defendant will have to post ten percent of the bail amount in cash with the court. Last but not least the most common type of bails bond used surety, Surety bond makes sure you show up to your court dates.
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Two boys are arrested, same crime, same charge, and same bondage amount, one of the boys gets to return to his home that same night; the other sits in jail for the rest of the night. Why is this you ask, so what’s the difference? The jail bond, the bond made all the difference. One boy’s parents could afford the bond amount and the other boys parents could not. Jail bonds are the specified amount of money an accused person must pay to get out of jail as soon as possible while awaiting trial.
In this case, the actual title must be given to the court and will be returned once the individual complies with the terms of the bail agreement. Should they not appear in court, a lien is placed on the property and it will be forfeited by the accused. Another type of bond used to get someone freed from jail is a surety bond. In this case, a bail bonds person will post the bail in exchange for a fee based on a percentage of the bail amount. The bail bond agent or attorney who pays the bail is responsible for the guarantee that the defendant will show up for their court date.
The bail bond is more like third party that acts as a financial institution that pays the bail on behalf of the arrestee. The way bail bond system works is by making the arrestee pay upfront a nonrefundable percent to the bail bond company, this percent is usually 10% of the whole amount of the bail. [4] Then, the bail bond company pays the bond to the court and when the arrestee goes to his or her trial date the bond company will received the full amount of the bail they posted to the court for the released of the arrestee, so basically the bail bond company at the end receives all of its money back plus they get to keep the nonrefundable 10% that the arrestee paid up front. [4] There has been a lot of debates about the bail bond system because it is not for the benefit of indigent people because at the end indigent arrestees end up paying more than affluent arrestees who are able to pay for their bond themselves. In my opinion, I think that the author of the article is correct about describing the bail bond system as archaic.
Convict leasing is something not many people know about, most likely because it’s a darker part of America’s past. Convict leasing is selling prisoners to big companies to do work for them for free. Prisoners would be loaned out to large companies for a small sum of money for about a month. Companies would house and feed the convicts and in return they would work for them for free. Convicts were forced to work
Courts determine the amount of bail depending on the probability of the defendant appearing in the court for hearings, the defendant 's past criminal history if any, as well as, most of all, the nature of the charges brought in opposition to the defendant. When the court sets bail for the defendant, the bail is actually active until the person charged is possibly sentenced or acquitted by the courtroom. Often, the bail amount set through the court is so big that defendants will not have sufficient savings to cover the bail amount. They utilize bail bondsmen so they can post bail.
Most people go through their entire lives without ever needing to have the slightest understanding as to what a bail bond is or how the bail bonds process works. If you have never been arrested, or have never received a call from a friend requesting help get out of jail, there really isn 't much of a need for you familiarize yourself with what bail is. Simply put, a bail bond is a legally binding contract that serves as a promise a defendant will attend necessary court proceedings related to the charge(s) filed against them and, in turn, will be free from jail while awaiting court. When a person is arrested in California, they are taken to a local jail to be booked and processed. At that time, the crime he or she has been charged with is referenced
Local jail are usually run by local law enforcements, or local government agencies. Jails are the first point an offender is officially classified as being in the correctional criminal justice system; it is short term designation to hold person who has been charged as misdemeanors versus felonies, and a place for those who are either awaiting adjudication; one may serve within two days to up a year in jail. Jails often operate programs such as work release, and boots camps are designated to help the inmates. Prisons, on the other hands are operated by the state government or Federal Bureau of Prisons. They are designated to hold individuals convicted of more serious crimes, felony.
For this discussion, I have chosen the fifth amendment and how it applies or could apply to business in general. The best way that I interoperate the fifth amendment is thus, you will be prosecuted and punished if you commit a crime that you are found guilty of in a court of law. For business, I see two ways that we can be effected, knowing that harsh punishment will be awarded to any business person who breaks the law may very well deter those who thought of committing a business crime. The other way is the opposite, with understanding what is at steak those who look to crime to better themselves in the business environment will be more cautious when committing these crimes in efforts not to be caught. As for a personal professional life, I like to keep it simple, I understand and will keep up to date on which business practices will land me behind steel bars and I will refrain from participating in those activities.
When a person fail to appear in court, a judge can issue a bench warrant for their arrest. With the bench warrant law enforcement can make an arrest and take the person into custody anytime. Law enforcement can also actively seek to execute the warrant at a person home or work place. Unfortunately, if they are released with a citation, fingerprints or photo (mugshot) are not taken. However, everyone that’s booked/arrested into county jail has there photo (mugshot) taken, and fingerprints.
In my honest opinion solitary confinement in the U.S. is not justified and only does more harm than good. Not only is it a rash punishment, but it is one of the worst kinds of psychological tortures that could be inflicted upon an inmate. Human beings are undoubtedly social creatures and without the mere contact of another person the mind decays and ultimately leads a person to anger, anxiety, and hopelessness. Psychologists also claim that solitary confinement and isolation in general also cause depression or the loss of ability to have any "feelings", cognitive disturbances, such as confused thought processes and disorientation, perceptual distortions, such as hypersensitivity to noises and smells, distortions of sensations, and hallucinations affecting all five senses, as well as paranoia and psychosis which often times involve schizophrenic type symptoms, and finally, the worst of all symptoms, being self-harm such as self-mutilation, cutting and even suicide attempts.
Set amounts of money bail according to the circumstances of the individual defendant. 6. Introduce and enforce time limits for remands in custody, after which defendants should be reviewed or freed on bail. 7. Provide legal aid and assistance supplemented, where necessary, by paralegals to provide advice to defendants.
