The procedure of the bail system functions differently based on the extent of a case, whether it is defined as a violent or non-violent crime. After an arrest the time spent in jail, varies on the offenders ability to pay the amount the judge sets for bail, as well as on the extent of the crime committed. The offender can be easily released from custody after paying the bail through either personal funds or through a bondsman. As the process seems easy to say, it actually becomes a financial burden to the offender, depending on their economic status. In desperation, those who do not have an option of paying bail, tend to pledge guilty whether innocent or not, to be released from custody as soon as possible. Even after being released, offenders are required to follow certain conditions that are set by the judge, to assure they will appear to their designated hearing date.
This occurs prior to the official trial and will often determine whether the suspect will be detained with or without bail. “The Judge must make sure the accused understands the charges, explain the rights the accused has in the particular situation the accused is in, explain the type of sentence and penalty the accused faces, and will discuss bail, release, or custody with the accused.” (The Law Dictionary, n.d.) During this step of the criminal justice process, the defendant has the right to receive adequate representation. After some time, the suspect will face the judge again during the actual trial. When the trial begins, the prosecution and defense will present their opening statement to the jury. This process is meant to be an opportunity for each party to give an overview of the case and the means in which they intend to present the case. A key point regarding the opening statement is it cannot be considered as evidence by the jury. Evidence will be presented by both parties and thoroughly examined by the jury. Towards the end of the trial, the prosecution and defense will give their closing arguments. This is a summary of the case and presented in a manner to show support for their side of the case. During this step of the criminal justice process, the defendant has the right to a public trial, a jury trial, a speedy trial, and to be represented by an attorney. A
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.
Release of an accused pending trial on the accused’s written promise to appear at all required court proceedings is a mode of pretrial release known as the accused’s personal recognizance.
In Section 4 of the Bail Act 1978, it states that ‘authorisation to be at liberty under this Act, instead of in custody’ . This is otherwise known as bail, the act of permitting a person to a brief period of freedom who
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
1: Before I begin, for those within the audience who are unsure of what bail is, it is the temporary release of a person awaiting trial. We imposed this very important question to you tonight because since its first introduction in 1978, there have been more than 85 amendments to the Bail Act. We, all together are going to investigate why, how and who pushed for these amendments and reforms.
This might seem like a basic question, but it's one that's asked frequently. When someone has been arrested, the court wants to ensure that they'll return. Bail is security that is provided to the court that will guarantee the person shows up for all their court appearances.
Bail is a set amount that is pledged or deposited to the court to get an accused person released from jail temporarily, allowed to continue his/her daily activity out of custody, with the understanding that the suspect will return for his/her trial and make the required court appearances.
When a person is held for trial, they are often given the opportunity to post bail. Basically, bail is a financial incentive, supplied by the accused, to ensure that they will appear in court on their appointed date. For example, a person accused of a robbery might be required to pay $25,000 to the court in bail. When they show up at trial, this money is refunded. If they don't show up, that money is forfeit.
The suspects remain there until they appear before a judge, or they post a jail bail bond. Bail Money Bail Bonds provides insured bail bonds for people arrested throughout the state.
Every detainee must have a custody record opened for them when in police detention. All information is recorded here by the custody sergeant with relevant times and dates also recorded, verified by the custody officer’s signature (PACE act 1984). The Custody record is an ‘open’ document that must be made available to the defence, a detainee’s solicitor is entitled to see the custody record the moment of arrival at a designated police station and must be given a copy at request any time within 12 months of the detainee leaving police detention or coming before the courts. It is the Custody Sergeants responsibility to make sure that the custody record is kept up to date, accurate, and complete. The detainees must also be read out their three basic rights under code C of the PACE act, these rights are the right to have somebody informed of their arrest, the right to consult with a solicitor and be given free legal advice and the right to consult the codes of practice (YourRights 2007). The Custody officer must also assess mental health and identify any communication barriers; this may result in the need for an interpreter or possibly even the consultation of a doctor. They must also review any evidence relating to the investigation and decide whether there is a sufficient amount to charge or whether the detainee must be kept in custody so more evidence can be obtained. The custody officer must determine whether he
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.
You may be familiar with the courtroom scene in movies where the judge sets bail for the accused suspect. Sometimes they set an unreasonable amount for bail, or decide to not allow it at all. Bail is a great way to give a suspect temporary freedom. They money they pay is held by the court, and given back to the suspect when they return for their court date. Here are some questions you may have about bail to clarify any confusion you have.