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Yes a defendant can be held without bail at any time if the court deems the defendant to be a substantial flight risk or a danger to the community.
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Which is a judge most likely to do when concerned that a defendant will commit another serious crime if released on bail?
have the defendant held without the option of bail
Which is a judge most likely to do when concerned that a defendant will commit another serious crime if release on bail?
have the defendant held without optional bail A judge always has the option to deny bail for the above, other valid reason like flight risk also there are some non bailable offenses.
Is the denial of bail the same as imposing excessive bail?
Being held without bail can be ordered by the court and not be considered excessive.The reasons are three fold:First, the defendant has demonstrated a history of failing to appear in court as ordered.Second, the court may deem the defendant a risk to public safety.Third, certain charges (depending on the jurisdiction) such as murder have no bail.
What is remanded on bail?
When a person is remanded on bail, it means the court has ordered the defendant to be held in custody pending trial unless a bail bond is posted.
The judge signed a no bail warrant what does this mean?
When the person named in the warrant is arrested, he will be held without bail.
What is length of time a person can be held without a bond?
An inmate can be held without bond until they are sentenced then in fact they will began their sentence. An inmate can however go to a bond hearing where a judge may or may not set a bond or bail. If the judge feels the person is not ready to be let back in society due to their crime they will deny bond. If the judge feels the indivual is not a threat to the community or a victim they will set a bail. Usually the bail will be high if the crime is serious.
What does Held on no bail without prejudice mean in Federal Court?
Held on no bail without prejudice in Federal Court means that the case can be brought again. A new order on the case can also be issued at a later time.
Can a preliminary hearing be held without the defendant?
Yes. Grand Jury.
What is the type of bail where the defendant deposits a percentage of the bail amount?
It is called a corporate surety bail bond. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal.
Does a bail bondsman pay the entire bond amount?
No, a bail bondsman typically charges a fee, usually around 10-15% of the total bond amount, to post bail on behalf of the defendant. The defendant or their co-signer is responsible for paying this fee, not the full bond amount.
What is an bond arraignment?
A court proceeding where the defendant is informed of the charges, and often given the opportunity to plead guilty, not guilty or no contest.An arraignment is usually a criminal defendant's first appearance in court or before a judge on a criminal charge.At arraignment, the charges against the defendant will be read or the defendant will be asked if he/she is aware of the charges against them, and they will be asked how they wish to plead. It is not a hearing to determine guilt or innocence.
What is the role of a bail bondsman?
A bail bondsman is responsible for posting bail on behalf of an individual who has been arrested. They charge a non-refundable fee to provide the financial guarantee to the court that the individual will appear for their scheduled court dates. If the individual fails to appear, the bail bondsman may be required to pay the remaining bail amount.
