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Depends on the crime charged. For offenses not punishable by imprisonment the defendant is often released on their own recognizance. Generally if it's something more serious than a fine, if there's a belief the defendant will not show up they might not be able to get bail.
Say a guy's been arrested for, oh, something not too serious, like public urination, (which has say, a few days in jail) but has been arrested and was let out on bail and didn't show up, then got a bench warrant, if they were later arrested for the same thing or something else having possible jail time, the court might decide the defendant wouldn't show up again and wouldn't issue bail.
Most certainly they would not have a right to bail if they didn't show up a second or third time, the court would consider its patience tried and would order the defendant remanded until trial.
What else can I help you with?
What is the Right to bail?
Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it,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:abscond, orcommit further offences whilst on bail, orinterfere with witnesses.The court should take into account:the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),the character, antecedents, associations and community ties of the defendant,the defendant's bail record, andthe strength of the evidence.The court may also refuse bail:for the defendant's own protection;where the defendant is already serving a custodial sentence for another offence;where the court is satisfied that it has not been practicable to obtain sufficient information;where the defendant has already absconded in the present proceedings;where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching 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.
What is a principal in Bail Bonding?
In bail bonding, the principle is the defendant for whom the bail is posted.
Can a defendant be held without bail after arraignment?
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.
If a bail bond is exonerated do you get a refund from the bail company where you posted bail with?
Exoneration of a bail bond simply means that the defendant has been adjudicated and the bail liability has been released from the bail bond agent.When a bail bond is posted and a fee is charged by the bail agent that fee is non-refundable no matter if the charges are never filed, the defendant gets parole revoked and put back into custody, or the defendant is adjudicated.
Is there a constitutional right to bail?
No. under UK legislation there is no right to bail, there is however, a presumption in favor of bail.
Will the person who posted bail lose his money if bail is revoked?
Yes, if bail is revoked, the person who posted bail may lose their money. Typically, when bail is set, the amount is held as a guarantee that the defendant will appear for their court dates. If the defendant fails to comply with the conditions of their bail, the court may forfeit the bail amount.
What are the two primary purpose of bail?
The main purpose of bail is to ensure the presence of the defendant in future court proceedings. Also, there is a risk that defendants may pose danger to the community if they are not detained prior to trial.
What's the difference between bail and bond when it comes to securing release from custody?
Bail is the amount of money set by the court to secure a defendant's release from custody, while a bond is a financial guarantee provided by a bail bondsman to secure the defendant's release. Bail is paid directly to the court and is refunded if the defendant appears for all court dates, while a bond requires a fee paid to the bail bondsman, who then assumes responsibility for the full bail amount if the defendant fails to appear in court.
Are all accused people entitled to bail?
No, the are situations where bail will not be permitted. For example:Many states the charge of murder is not eligible for bail.Often if a person is on probation or parole they are not eligible to post a bail bond.The defendant can be deemed to be substantial risk to public safety
What is the name of the one who seeks bail for the defendant?
The bailor.
Can you get bail in the United States if you've been charged with murder?
The answer varies from state to state. Some states permit bail for murder, others do not. There are other states (such as Indiana) where murder is presumed not to be bailable unless the defendant can prove a strong likelihood of being found not guilty.
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
