Bail Bond Case

Tension between community interests and individual rights and freedoms are a prevalent issue within the criminal justice system. The government attempts to alleviate this tension by enacting law reform, introducing legislation and giving certain powers to judges and the police. Areas such as law lag, types of penalties, bail laws, young offenders and the police demonstrate the attempts made to relieve this conflict. Despite the strain between community interests and individual rights and freedoms, the attempts to alleviate the issues by the government assist in restricting the tension between the two parties.

The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.

Following the arraignment of the accused, and where a plea of not guilty is entered, the accused is open to be tried by a jury made up of his peers. At this point it is said that he is put in their charge where he remains until such time as he chooses to change his plea to guilty, or until a final determination of his guilt or innocence is returned by the verdict of the jury.

Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.

The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.

Bail also promotes the ideal of being innocent until proven guilty, in that a defendant is not punished with jail time before he or she is actually proven to have done the crime.

It’s at this time a bail application may be considered. Bail in the criminal justice system is also heavily influenced by discretion. First and foremost, discretion allows the assessment of a defendant’s suitability for bail on a case-by-case basis. R v William Edward Hamilton (2013), for example, where the suspect was granted bail on the account he had no record of previous contact with the law and was granted bail on the judge’s belief that he did not present a threat to community welfare. The use of discretion is also important in preventing individuals having to undergo arbitrary detention, such as the case of BDU v The State of Western Australia (2011); due to the six-month waiting period for the suspects trial, the judge deemed it to be a breach of the suspects rights to remain in remand for this period time as it wasn’t deemed likely for him to commit any offences during this

The process of bailing someone out of jail refers to the amount of money paid to the court to release the prisoner. Once the prisoner is released, the bail helps to ensure that the defendant shows up for their court date. A prisoner who doesn't show up for court can cause the bail to be forfeited. Often, defendants will show up for court because they don't want their loved ones to lose their money. Bail varies depending on the crime, the defendant's

Discretion of the Court is the system of the court that governs individuals those who are charged for committing crimes, examine the time of their trial and other during major purposes of trial. A person who accused of committing a crime is normally is held in the jail till the time it is proved that whether the person is guilty or innocent. However, the court has the authority to bail out the person before the trial. But they would need certain documentation and that the person cannot leave the place until the trial takes place. Sometimes the person who is accused may also need to pay some fines or

The person who put up the collateral or paid the bond might have to secure the services of the apprehension agent, which means more money out of their pocket. This means that if your loved one doesn't appear at all their court appointments, they can be considered a fugitive. You can help the bail bonds agent find the person by providing information as to their whereabouts. Skipping bail is very serious and could mean a guilty verdict will extend their jail time.

A bail bond is an insurance policy or a monetary agreement made by the defendant or the defendant’s representative. This agreement ensures the defendant appears in court at the set date for their trial. Failure to sure up on the set court date, the full bail amount set by the court must be paid in dull by the defendant or his co-signer.

Under certain circumstances, if the bond that is set is unreasonable or if you cannot afford the bond amount, your lawyer can petition the court for a bond reduction. The factors that the court considers

There are many different aspects of the criminal justice system. Each part of the criminal justice system has their role to ensure that the laws are being upheld. When an individual has committed a crime they are taken to a central location, which normally is a jail and booked under charges that pertain to their arrest. However, there are instances where individuals are not arrested and a judge has issued an arrest warrant and the individual has the chance to turn themselves in. There are times when an arrest warrant is being issued and the defendant’s lawyer will make arrangements for the defendant to turn themselves in while their attorney is present.

With bail bonds companies, a bondsman accepts a certain percentage of the bail money needed, and in return, they will post the rest for the individual charged of crime and awaiting their day in the court system. What has changed is that in the past, only those who had enough funding or property could post their bond as security and be released as the trial was pending. Eventually, business-minded individuals of the middle ages realized that because they had enough capital, they could offer a form of security in the defendant's name, and they received a percentage as insurance. When using a bail bondsmen, there are extra fees involves, which is how these organizations earn a profit from their practice.

Have you ever wondered how police officers know who to arrest for a crime? Well in order to catch criminals, evidence and witnesses must be gathered. Those who perform these tasks are known as detectives. Detectives are also known as criminal investigators. I have always liked solving mysteries and, that is exactly what detectives or criminal investigators do. I was inspired to pursue this career by the television series “Law and Order: Special Victims Unit”. I watch this series a lot and, the show gave me a televised perception of what the career might be like. There are many risks when considering becoming a detective. However, the benefits and end results outweigh the risks and disadvantages of becoming a detective.