Pretrial Release Essay

There are several different options that judicial officials have at the disposal when setting a defendants pretrial release conditions five basic conditions that a judge or magistrate may set, NC statute lists them in 15A-534(a). There is the first one which is the release on written promise to appear. This option basically allows the defendant to be released without paying any type of bond, as long as he promises to appear in court on his written court date. The second option is to release the defendant upon his execution of an unsecured appearance bond. An unsecured bond is one that is backed only by the integrity of the defendant. No assets or collateral is required to be posted on this type of bond. The

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.

The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the

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.

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

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.

In general, the premium for early release is 10% of the total bail amount set by the court. This just means if bail is set at $5,000, the defendant is expected to pay $500 excluding other fees required. It should be noted that the premium amount set by the court is non-refundable after the accused is released.

Jail in the United States descended from the 12th – century England with reeves and shires which is another word for sheriffs long. Jail is the entrance to the system. Next is Pretrial Detention which may consist of being questioned, finger printed, mug shots and long waits. Once detained for an extended period of time, the detainee may begin to face problems such as mental health, substance dependency, medical needs, and legal problems. After being detained for an extended length of time exerts pressure on the detainee to waive their rights and plead guilty. There are alternatives aside from remaining in jail such as, post the full amount to the courts, pay a set fee to a bondsman or release on

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.

In a study done by examining data from the National Crime Victimization Survey it found that blacks experiences higher victimization rate than others in general which could explained why black judges tend to hand out harsher punishment. Therefore is one reason that can influence the decision of a judge they are more concerned for the troubles of minority victims than for the rights of minority criminals. Apprehensions over the uprising and high crime rates of black communities could be another influence on a black judge decision. As result of the high crime especially if it is in their community influences the judges to administer harsher sentences as opposed to those given out by their white counterpart. Black judges give out those harsher

"A bail bondsman secures the release of the defendant for a set fee. He or she then guarantees the remaining amount of the bail as required by the court. This does not affect the charges the defendant is facing, which some people believe is the case. All it does is allow the defendant to remain free until his or her day in court," Harkinson continues.

They have to fill out and sign an application the happens to be furnished by a case manager. If the criminal does not complete the application then the offender is provided the waiver to the application. After that, the caseworker the will notify the criminal when his parole hearing is to take place. The parole hearing is an opportunity for the criminal to present their case and why they think they should be able to receive parole. The commission determines if the person is eligible for parole according to the type of sentence the criminal recieve when he was convicted. The earliest time the criminal can be parole is called the parole eligibility date. If the criminal is granted parole they must wait to be released until on or after the parole eligibility date (Frequently Asked Questions). If granted parole the parolee will then be recieve back into the community. Only 15 states do not use the parole system today while the rest of the 35 states do. The first state to use the parole system was New York. “In 1910 Congress established the U.S. Parole Commission and gave it the responsibility of evaluating and setting the release dates for federal prisoners”( Parole). Also those of a very serious crime must complete eighty-five percent of their original sentence before they can be released from prison and sent back into the real world.

Admission to bail always involves a risk that the defendant will not reappear or a criminal career might continue during liberty. If in a situation as above, the release on bail is not revocable, the accused once released can do his bidding unchecked and invulnerable to the process of law. This would render our investigating agencies and the judiciary helpless in the face of one abusing his liberty for

Before an inmate comes before the parole board there are procedures that must happen. The first thing that happens is the inmate’s name will appear on a computer-generated list. The victims will be notified of the possible parole. The list of names is sent to the Transitional Planning Department. At the TPD a case manager will be assigned to interview the inmate and find out his/her plan for parole. This plan is filed and is sent to the parole board. The parole board then interviews the inmate and will vote on the case. If parole is granted the prison officials will prepare the inmate for release. However if parole is denied the inmate will be given a conditional release date which is usually within one to three years where the process will start all over.

The words “may, if it thinks fit” used in S. 438(1) and the absence of any specific restraints on the exercise of the power to grant bail clearly indicate that the legislature intended to confer and has in fact conferred very wide discretion on the High Court and the Court of Session to grant anticipatory bail.