FAQ
For answers to all of your questions regarding bail call our 24 hour information line at 954-630-0000
What is Bail?
According to the dictionary bail can mean a number of different things. Bail can be property or money put forth as insurance that upon release from custody a person will return to appear in court at an appointed time. Bail can also be the person who agrees to be held responsible if the person released from custody does not appear in court at the appointed time. A third meaning for Bail is the actual release of a person from custody with security of property of money that the person will appear in court.
To be dismissed on bail one must receive an order from the court that the defendant be discharged from custody upon bail. Bail is then verified by a bond which becomes record of the court.
What is the Purpose of Bail?
Bail is simply the assurance that the defendant will appear in court on the required date and at the required time.
Is Bail a Matter of Right?
Bail is not a matter of right but the right to bail does have constitutional recognition. A person charged with a capital crime is always entitled to a bail hearing in which the court will determine if the facts or presumption are great. A person charged with a capital crime in which the evidence greatly points towards guilt is exempt from the right to be released on bail.
Is it necessary to always use a Bondsman?
It is not always necessary. In many states the defendant is able to deposit the required amount of bail. Cash is accepted. Each court will have its own policy when it comes to the payment of bail using any other method besides cash. Some jurisdictions do require that you do post bail through a bail bondsman.
What is taken into consideration when determining the amount of bail?
The amount of bail is in the discretion of the judge or magistrate with two main limitations. The court must remember that the purpose of bail is to secure the appearance of the defendant in court, not to punish the defendant. The court must also remember that excessive bail is a violation of constitutional rights. When determining the amount of bail the seriousness of the charge, the defendant’s previous criminal record and the probability of the defendant appearing in court must all be taken into consideration.
Will the bail bond ever be returned?
When the bail has served its purpose, the collateral will be exonerated. Exoneration can occur when the defendant is returned to custody or when the proceeding is terminated in some fashion.
What happens if the defendant is sentenced to probation?
When a defendant is given probation and is released from custody the bail is exonerated as a matter of law.
Is Public Safety ever a determining factor when deciding to admit or deny bail?
If there is substantial evidence pointing towards guilt and toward the likelihood of harm coming to others as a result a defendant being released on bail then bail can be denied in non-capital cases.