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Bond
Hearing Information
What is bail?
Bail is money or other property that is deposited with the court to ensure
that the person accused will return to court when he or she is required
to do so. If the defendant returns to court as required, the bail will
be returned at the end of the case, even if the defendant is ultimately
convicted. However, if the defendant does not come to court when required
or violates his or her bail conditions, the bail will be forfeited to
the court and will not be returned.
What happens at a bail hearing?
The accused is brought before a magistrate or judge when an arrest happens
for a violation of a criminal law. The magistrate or judge will conduct
a pre-trial bail hearing resulting in four possible results. A judge holds
an official arraignment later.
There are four possible results from the bail hearing:
Recognizance - This is the defendant`s written promise to appear in court
on the date set and abide by the terms set by the magistrate or judge.
No monetary pledge, cash deposit or security by property or professional
bondsman is required.
Unsecured Bond - This release pending court appearance is based on the
defendants written agreement to appear in court on the date set
and abide by the conditions set by the magistrate or judge. It is backed
by an agreement by the defendant to forfeit money to the court if she
or he does not appear in court on the date set.
Secured Bond - This is secured by either a cash deposit, a pledge of real
or personal property, or a pledge by a third party that the defendant
will appear in court on the date set and abide by the conditions of the
release. The judge may forfeit any type of security in the event the defendant
does not appear in court on the date set.
Ineligible for Bail - The defendant is denied a release pending court
appearance.
The bail decision may be appealed to a judge who will re-examine the evidence.
A violation of any agreement of release pending court appearance could
result in the issuance of an Order to Show Cause why the release should
not be revoked. A show cause hearing may also be issued by a judge for
not appearing in court as agreed.
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