Maricopa County Court » bail http://maricopacountycourt.net Sat, 18 Dec 2010 01:07:20 +0000 en hourly 1 http://wordpress.org/?v=3.0.3 Bailing Your Friend Out of Jail /maricopa-county-courts/going-to-jail/bailing-your-friend-out-of-jail/ /maricopa-county-courts/going-to-jail/bailing-your-friend-out-of-jail/#comments Thu, 05 Nov 2009 16:23:22 +0000 Maricopa County Court /?p=41693 By Ryan Michael Wells –

If your friend ends up in jail, and it doesn’t look like he’s going to be released any time soon, you’ll probably want to bail him out. Obviously, pretty much anyone can bail someone out of jail in Florida, as long as they have a relationship with the arrestee, so you shouldn’t feel pressured into putting down large sums of money, since it is highly possible that someone else will take on that burden.

However, if you feel comfortable with doing it, you’ll be entering into an extremely serious business that relies on a great deal of responsibility and trust. You’ll want to talk to a Florida bail bond agency who will ask you for a number of details about the arrestee. These will primarily be about the nature of his crime, your relationship with them, and other personal details. The bail bond agency will normally have its own databases to look up inmates in the local jails. The more information you can provide, and the speed at which you can provide it, the smoother the process will be.

Once the original details have been taken, the Florida bail bond agency will make a decision on whether to work with you and your friend. They will not take on the responsibility if they feel that there is too much risk, but if you have provided genuine information and have a strong relationship with the inmate, you should be fine. The bail bond agency will then start talking about money, and will expect 10% of the full bail amount as a deposit before contacting the jail. They may also ask for collateral to cover their risk, which normally comes in the form of an asset that can be sold to cover the full bail amount, in case the arrestee skips out on their bail.

After the bail bond agency has contacted the jail, it is simply a matter of waiting patiently for the jail to release the arrestee. This might take some time, but normally only takes a few hours.  However, some Florida jails have been known to take up to 12 hours to release a defendant. Once released, it is important that you work closely with your friend to ensure that he or she appears in court when summoned, and fulfils the conditions of their bail. Depending on the area of the city the bail bondsman covers, it is sometime normal that the bail bondsman requests that you check in once a week or so. For instance, take our [http://www.ryanwellsbailbonds.com/]Jacksonville Bail Bonds company, the city is so large and spread out, it is even more important to stay in close contact to ensure there is no forfeiture.   http://www.brennanbail.com

Article Source: http://EzineArticles.com/?expert=Ryan_Michael_Wells

]]>
/maricopa-county-courts/going-to-jail/bailing-your-friend-out-of-jail/feed/ 0
How to Find Cash Loans Needed to Bail You Out of Jail /maricopa-county-courts/going-to-jail/how-to-find-cash-loans-needed-to-bail-you-out-of-jail/ /maricopa-county-courts/going-to-jail/how-to-find-cash-loans-needed-to-bail-you-out-of-jail/#comments Fri, 23 Oct 2009 08:17:11 +0000 Maricopa County Court /?p=39489 By Andrew Stratton –

Do you need quick cash to bail out a friend or family member from jail? If you have bad credit and need money within a couple of days, cash loans or title loans may be able to help you out. When a friend or loved one is in the slammer and your credit rating is nothing to write home about, a cash title loan can be a life-saver.

Some lenders allow you to pawn your car for fast cash, while maintaining possession of the vehicle. You won’t even have to surrender your car to them. All you have to do is put it up as collateral. Bad credit or no credit is rarely a problem with these types of cash loans, so if you own a clear vehicle title, then you can probably get approved by most lenders.

Cash Loans Can Bail You Out of Jail
In order to get someone out of jail on bail, 10 percent of the bail is needed in cash. In some states, such as Illinois and Oregon, that 10 percent can be paid directly to the court and is returned when the defendant appears for trial. In states like Arizona, where this is not possible, a bail bondsman can be used to supply the security that the defendant will return for trial. Bail bondsmen also charge 10 percent of the bail, but their fee is non-refundable.

How to get a Cash Loans in Arizona
Depending on the size of the bail, you may need high-limit cash loans to come up with 10 percent in cash. If you have few sources that can supply you with a large amount in a short period of time, you can get cash title loans by offering your auto equity as collateral.

Your car’s title is a valuable asset that you can pawn to get the money you need for bail within a few hours, if required. This is a particularly attractive option when dealing directly with the court because the title loan can be paid off when the bail is returned. Should you forfeit the bail amount, you will have to repay the loan with your own savings.

When you accept money against a vehicle title, you should always have a plan to repay it. If you don’t make payments on time and according to the loan agreement, it can reflect poorly on your credit report. You could even end up losing your vehicle if the lender decides to repossess and sell it to recover the debt.

Getting the loan is the easy part. All you need is a clear pink slip that proves you are the owner of the vehicle and documents that prove the car is paid off or nearly paid off. Lenders will give you from 25 percent to 50 percent of the car’s wholesale value as a loan. Some may offer more depending on the lender and the situation.

If you need to help a friend or loved one who is in jail and you’re strapped for funds, cash title loans are your best option in a pinch. You can get quick approval online or by phone and get money in hand in just a few hours.

You can get approved for cash loans online to use for bail, as long as you own a clear title for your car and can offer that as collateral. Your car title can help you get your loved ones out of trouble, no matter how bad your credit rating. Visit http://www.123fundme.com to apply now.

Article Source: http://EzineArticles.com/?expert=Andrew_Stratton

]]>
/maricopa-county-courts/going-to-jail/how-to-find-cash-loans-needed-to-bail-you-out-of-jail/feed/ 1
Using Bail To Get Out Of Jail – What A Civil Idea /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/using-bail-to-get-out-of-jail-what-a-civil-idea/ /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/using-bail-to-get-out-of-jail-what-a-civil-idea/#comments Fri, 31 Oct 2008 16:45:52 +0000 Maricopa County Court http://maricopacountyjail.net/?p=11710 By Aazdak Alisimo

When you really think about it, the concept of bail is a pretty civilized idea. If you’ve been arrested for a crime, buying your freedom is probably a small price to pay.

The story of bail could be said to have originated in medieval England where the local sheriff had the basic right to hold an accused person or to release him prior to trial. Apparently, this system was much abused with the sheriff deciding those who could pay him the most deserved to wait for their trials at home, and the ones unable to pay would wait in the jail. As early as 1275, laws were enacted to define what offenses were “bail offences”, and which were not.

The problem came to a head in the 17th century. The King of England, Charles I, decided he needed some loans from his nobles. Those that refused to make the loans were imprisoned. Apparently, the idea was that the nobles would rot in jail while the King worked out exactly what offense they had committed and arranged a trial. This process could have been extended forever. The English Parliament got involved and passed the Habeas Corpus Act of 1679 that said that an Englishman could not be held without a chance to post some sort of surety bond unless accused of a heinous crime or some other justifiable circumstance.

Ten years, later, the English Bill of Rights made this a basic part of English law. People were guaranteed the right to be free from excessive and unreasonable bail that was designed to hold them in jail unfairly before an actual trial or sentence. This became the basis of the 8th Amendment in the United States Bill of Rights. The concept of Habeas Corpus was established. It is based on the concept that no man is guilty until proven so in a court of law, and so, does not deserve to be imprisoned until a trial has decreed a sentence.

Bail became the way to insure this right, and it could not be excessive or unfair. Yet, on the other hand, although people are innocent until proven guilty, some of them are guilty and will eventually be proven so. The bail system had to insure against the release of criminals who would only flee and either escape or be recaptured at great expense.

In the United States, the major issues that have been addressed by the various changes in the bail laws have been of the danger of released accused fleeing or, worse, committing additional crimes. The idea that certain people pose a danger to the community and should be denied bail is at the heart of the current United States Code regarding bail. This determination demands a judicial decision. The question of the rights of the accused versus the safety of the community underlie all debate on bail laws.

Aazdak Alisimo provides [http://www.bailbondsassistance.com/bail-bond-information]bail bond information for free at BailBondsAssistance.com where you can find [http://www.bailbondsassistance.com]bail bonds companies across the nation.

Article Source: http://EzineArticles.com/?expert=Aazdak_Alisimo http://EzineArticles.com/?Using-Bail-To-Get-Out-Of-Jail—What-A-Civil-Idea&id=1160977

]]>
/maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/using-bail-to-get-out-of-jail-what-a-civil-idea/feed/ 0
What is a Bail Bondsman? /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/what-is-a-bail-bondsman/ /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/what-is-a-bail-bondsman/#comments Mon, 27 Oct 2008 16:10:49 +0000 Maricopa County Court http://maricopacountyjail.net/?p=12263 By Chad R Fisher

A bail bondsman or a bail agent is a company, person, or corporation that will pledge money to allow someone to be allowed on bail from charges that would cause them to be put into imprisonment. They often cater to criminal defendants and can often secure the release in as little as a few hours. They often have ties within the court house, and this combined with the capitol to have the individual released can create a successful bond.

The usual fee for bond agents to charge is ten percent of the bail that is required to pay for the bond and for the individual to be released. This fee is not refundable and

This ten percent fee has become popularized and available to be paid to have the individual released from custody. In the case that the entire amount is required bail bondsman usually have a standing arrangement with banks or creditors to have access to the funds during times when the banks are not open. This is crucial, because being a bail bondsman is often a twenty four hour position.

Should a bond not be paid or the individual refuse to reappear for the court date the company that has placed the money, the bail bondsman are legally allowed to bring the individual in – and place them in the custody of the courts.

In the case of the bail being a large amount of money bail bondsman are able to gain security of assets rather than the large amount of cash. For example, bail bondsman can secure a home in the matter of a person owing $100,000 for bond money and charge the initial ten percent than taking a mortgage against the home for the owing sum of the bond.

If the individual fails to show up for court it is lawful for the bail bondsman to find the contracted individual. It is important to remember that a contract is a contract, and by hiring a bail bondsman and allowing the company to post bail – you are signing a contract stating that you will show up to court, or they will be legally allowed to forcefully bring you to court.

Illinois, Kentucky, Oregon and Wisconsin are the four states that have banned commercial bail bonding.

A family member of the person in custody is usually the person placing bond for the individual. This individual usually co-signs and is responsible should the person being charged not show up at hearings or leave town for the full amount of the bond. The co-signer is also responsible for expenses that incur while the bondsmen are capturing the individual. This is an expensive process for the co-signer – and it is important to make sure that you trust the individual that you are signing for. Co-signers are most often required to have full time employment and either rent, or own a home in the area.

Bail bondsman companies are often available throughout the day and into the night. It is a twenty-four hour business and local bail bondsman companies can be located in the yellow pages or on the internet in your area. Often times, the court officials will have bail bondsman information on hand should it be required.

One of the newer companies in the area, Tuff Guy Bail Bonds – creates a professional experience and offers the utmost customer service and respectability. They should be considered for your next bond experience.

All of our articles are originals, if you liked this, check out What is a Bail Bondsman for similar information.

Article Source: http://EzineArticles.com/?expert=Chad_R_Fisher

]]>
/maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/what-is-a-bail-bondsman/feed/ 0
Bail Bondsman 101 /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/bail-bondsman-101/ /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/bail-bondsman-101/#comments Mon, 27 Oct 2008 16:10:38 +0000 Maricopa County Court http://maricopacountyjail.net/?p=12265 By Chad R Fisher

A bail bondsman is an individual or a company offering to lend bail money to a family member, or individual that has been charged and will not be released from custody unless there is capitol put up to back that the individual will return for the court date. Bail bondsman often charge five to ten percent for their services, which is payable up front but some companies offer payment and finance plans. Should the individual refuse to show up for a court date than the bail bondsman has the right to apprehend him or her and return them to the court. Should this occur, than the co-signer of the bail bond is most often responsible for the expenses incurred during the process.

There are many bail bondsman companies available in California. A large number of the companies reside in Orange County. Here is a list of the bail bondsman companies in Orange County. Additional information is available on the websites for the company, or contacting the company directly. Jackson bail bonds can recommend the following reputable companies for bail bonds in Orange County.

Finding a bail bondsman in Orange county could be as easy as contacting the local jail, sheriffs office, or the local yellow pages. There is a large assortment of companies offering bail bonds at reduced rates, while offering impeccable customer service. Bail bonds are often able to be completed within hours, and many of the companies offer a twenty four hour service.

There are many new companies emerging as some of the top customer oriented bail bondsman companies.  There are new companies that emerge daily, and out of these companies very few are legitimate in the ways that customer service and contracts are practiced.  There are many Bail Bond copmanies that offer a competitive rate, the state standard being ten percent.

All of our articles are originals, if you liked this, check out Orange County Bail Bonds for similar information.

Article Source: http://EzineArticles.com/?expert=Chad_R_Fisher

]]>
/maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/bail-bondsman-101/feed/ 0
Types of Bail Bonds /maricopa-county-courts/going-to-jail/jail-news/types-of-bail-bonds/ /maricopa-county-courts/going-to-jail/jail-news/types-of-bail-bonds/#comments Sat, 25 Oct 2008 23:33:02 +0000 Maricopa County Court http://maricopacountyjail.net/?p=12252 By [http://ezinearticles.com/?expert=Joseph_Devine]Joseph Devine

If you have gotten arrested and need to get a bond to get you or a family member out of jail, you need to know what kinds of bonds are available and the details of each one.

The first type of bond is a personal recognizance bond or a PR bond. This type of bond can be very good for first time offenders with no prior record of any kind. This is basically a personal agreement that you will still show up on the court date you were assigned. A judge will often accept this type of bond for a first time offender who doesn’t seem to be a flight risk. You are required to sign a piece of paper that agrees to everything they tell you about your court date and not leaving town. This contract often includes a few other items that the court will discuss with you before you have to sign. After you sign, you are free to go.

For those who have no prior offenses, I would suggest going toward this type of bond because then you would not have to pay a large sum to the court.

The next type of bond is a cash bond. This type of bond is pretty straight forward but is not always for everyone. A cash bond is just paying the bail amount in full in cash. Usually there are not many people that can afford to pay for their bail with cash so this bond isn’t used by all people. Some of the different courthouses will offer an option for paying by credit card or even by check, depending on what courthouse it is.

This bond can be very helpful for those that have enough money to take care of the bail amount.

The last type of bond is a Surety or Bail Bond. This type of bond can be a little complicated. If you cannot afford a cash bond, then you have to go to a bail bondsman. A bail Bondsman is a person who will loan you the money for your hearing for a certain amount of money. Your outside source will have to go find a bail bondsman and then sign the paperwork. The bail bondsman will also have to bring the paperwork to you so you can sign it as well. This signature is basically saying that on the date you were assigned by the court, you will come back and appear at your assigned time. This is also a kind of guarantee that you won’t leave town or fail to appear at your court date.

For those who are considered a flight risk, this is probably going to be the option you have to turn to.

If you or someone you know is in need of help in their criminal case, contact the Austin DWI Lawyers of Morales and Navarrete at http://www.dwi-lawyers-austin.com

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

]]>
/maricopa-county-courts/going-to-jail/jail-news/types-of-bail-bonds/feed/ 0
Bail /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/bail/ /maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/bail/#comments Sat, 25 Oct 2008 23:24:31 +0000 Maricopa County Court http://maricopacountyjail.net/?p=12240 By Damian Sofsian

Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear). In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. In some countries granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary.

Legislatures may also set out certain crimes to be unbailable, such as capital crimes.

Under the current law of England and Wales, bail simply refers to the release of the accused before trial.
Contents

Forms of bail

The form of bail varies from jurisdiction, but the common forms of bail include:

* Recognizance — a promise made by the accused to the court that he/she will attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited; this is denominated an unsecured appearance bond or release on one’s own recognizance.
* Surety — when a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. This also known as surety on the bond.
* Conditions of release – many varied non-monetary conditions and restrictions on liberty can be imposed by a court to ensure that a person released into the community will appear in court and not commit any more crimes. Common examples include: mandatory calls to the police, surrendering passports, home detention, electronic monitoring, drug testing, alcohol counseling, surrendering firearms.
* Protective order also called an Order of protection- one very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim. The former is a limited order, the latter a full order. Violation of the order can subject the defendant to automatic forfeiture of bail and further fine or imprisonment.
* Cash — typically “cash-only,” where the only form of bail that the Court will accept is cash.[1]
* Combinations – courts often allow defendants to post cash bail or bond, and then impose further conditions, as mentioned above, in order to protect the community or ensure attendance.[2]

Bail may be forfeited, and the defendant remanded to jail, for failure to appear when required.

Bail law in England and Wales

History

In mediæval England, the sheriffs originally possessed sovereign authority to release or hold suspected criminals. Some sheriffs would exploit the bail for their own gain. The Statute of Westminster (1275) limited the discretion of sheriffs with respect to the bail. Although sheriffs still had the authority to fix the amount of bail required, the statute stipulates which crimes are bailable and which ones are not.

In the early 17th century, King Charles I ordered noblemen to issue him loans. Those who refused were imprisoned. Five of the prisoners filed a habeas corpus petition arguing that they should not be held indefinitely without trial or bail. In the Petition of Right (1628) the Parliament argued that the King had flouted Magna Carta by imprisoning people without just cause.

The Habeas Corpus Act 1679 states, “A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate’s discretion, unless it shall appear that the Party is committed for such Matter or offenses for which by law the Prisoner is not bailable.”

The English Bill of Rights (1689) states that “excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. Excessive bail ought not to be required.” This was a precursor of the Eighth Amendment to the US Constitution.

Forms of Bail

In the UK there are three types of bail:

1. Police Bail where a suspect is released without being charged but must return to the police station at a given time.
2. Police to Court where having been charged a suspect is given bail but must attend his first court hearing at the time and Court given
3. Court bail where having already been in court a suspect is granted bail pending further investigation or while the case continues

Police bail before charge

Under the Police and Criminal Evidence Act 1984, the police have power to release a person, who has not been charged, on bail. This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976.[3]

Police bail after charge

After a person has been charged, he must ordinarily be released, on bail or without bail.[4] Unless the accused has a previous conviction (or equivalents in cases of insanity) for certain specified homicide or sexual offences[5], the accused must be released either on bail or without bail unless:[4]

(a) If the person arrested is not an arrested juvenile—cha

(i) his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

(ii) the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii) in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

(iiia) in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below]

(iv) in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;

(v) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or

(vi) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;

(b) if he is an arrested juvenile—

(i) any of the requirements of paragraph (a) above is satisfied; or

(ii) the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

If he is granted bail it will be bail to appear at a Magistrates’ Court at the next available sitting.[3]

Bail by a court

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[6],

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:

1. will abscond;
2. will commit further offences whilst on bail; or
3. will interfere with witnesses.[6]

The court should take into account:

1. the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
2. the character, antecedents, associations and community ties of the defendant,
3. the defendant’s bail record, and
4. the strength of the evidence.[6]

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.[6]

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.[7]

The Criminal Justice Act 2003 amended the Bail Act 1976 restricting the right to bail for adults who tested positive for a Class A drug and refused to be assessed or refused to participate in recommended treatment[8]

Conditions

Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety, if the court considers that this is necessary:

* to prevent the defendant absconding;
* to prevent the defendant committing further offences whilst on bail;
* to prevent the defendant interfering with witnesses; or
* for the defendant’s own protection (or if he is a child or young person, for his own welfare or in his own interests).[6]

Failure to comply with bail

Failing to attend court on time as required is an offence, for which the maximum sentence in a magistrates’ court is three years and twelve months’ imprisonment in the Crown Court. (Sentences are usually much shorter than the maximum, but are often custody.) In addition to imposing punishment for this offence, courts will often revoke bail as they may not trust the defendant again. The amended Consolidated Criminal Practice Direction states (at paragraph 1.13.5) that “the sentence for the breach of bail should usually be custodial and consecutive to any other custodial sentence”.[9]

Failing to comply with bail conditions is not an offence, but may lead to the defendant being arrested and brought back to court, where they will be remanded into custody unless the court is satisfied that they will comply with their conditions in future.

Bail law in the United States

In pre-independence America, bail law was based on English law. Some of the colonies simply guaranteed their subjects the protections of British law. In 1776, after the Declaration of Independence, those which had not already done so enacted their own versions of bail law.

Section 9 of Virginia’s 1776 Constitution states “excessive bail ought not to be required…” In 1785, the following was added, “Those shall be let to bail who are apprehended for any crime not punishable in life or limb…But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail.”

Section 29 of the Pennsylvania Constitution of 1776 states that “Excessive bail shall not be exacted for bailable oflences: And all fines shall be moderate.”

The Eighth Amendment in the US Federal Bill of Rights is derived from the Virginia Constitution, “Excessive bail shall not be required…”, in regard to which Samuel Livermore commented, “The clause seems to have no meaning to it, I do not think it necessary. What is meant by the term excessive bail…?” The Supreme Court has never decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment.

The Sixth Amendment, to the Constitution, like the English Habeas Corpus Act of 1678, requires that a suspect must “be informed of the nature and cause of the accusation” and thus enabling a suspect to demand bail if accused of a bailable offense.

The Judiciary Act of 1789

In 1789, the same year that the United States Bill of Rights was introduced, Congress passed the Judiciary Act of 1789. This specified which types of crimes were bailable and set bounds on a judge’s discretion in setting bail. The Act states that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge.

The Judiciary Act states, “Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein.”

The Bail Reform Act of 1966

In 1966, Congress enacted the Bail Reform Act of 1966 which states that a non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond, unless the judicial officer determines that such incentives will not adequately assure his appearance at trial. In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger. In non-capital cases, the Act does not permit a judge to consider a suspect’s danger to the community, only in capital cases or after conviction is the judge authorized to do so.

The 1966 Act was particularly criticized within the District of Columbia, where all crimes formerly fell under Federal bail law. In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again.

The Judicial Council committee recommended that, even in non-capital cases, a person’s dangerousness should be considered in determining conditions for release. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness and risk of flight when setting bail in noncapital cases.

Current U.S. bail law

In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is that it allows pre-trial detention of individuals based upon their danger to the community; under prior law and traditional bail statutes in the U.S., pre-trial detention was to be based solely upon the risk of flight.

18 USC 3142(f) provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering. There is a special hearing held to determine whether the defendant fits within these categories; anyone not within them must be admitted to bail.

State bail laws

Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence. Generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Recently, some states have enacted statutes modelled on federal law which permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.

Some states have very strict guidelines for judges to follow, with a published bail schedule.[10] Some states go so far as to require certain forfeitures, bail, and fines for certain crimes.[11]

Courtesy http://en.wikipedia.org/wiki/Bail

]]>
/maricopa-county-courts/going-to-jail/phoenix-bail-bonds-going-to-jail/bail/feed/ 0
The All Important Bail Bondsmen Duties /maricopa-county-courts/going-to-jail/jail-news/the-all-important-bail-bondsmen-duties/ /maricopa-county-courts/going-to-jail/jail-news/the-all-important-bail-bondsmen-duties/#comments Sat, 25 Oct 2008 23:13:12 +0000 Maricopa County Court http://maricopacountyjail.net/?p=12249 By Mike Selvon

Imagine having a job where you are always on call. The pay varies depending on how much work you produce and there is a certain element of danger to your role. If you can imagine that job, then you know what bail bondsmen go through each day. Bail bond agents never know what their day is going to be like.

They may get ten calls to bail someone out of jail or they may not receive any. Early in the morning, late at night or while eating dinner with the family, their job takes a huge amount of dedication in order to be successful.

A bail bondsman makes money by getting a percentage of the fee made when someone posts a bond. They do not get paid hourly because there are no guarantees on work. Most bail bondsmen start off by writing small bonds while they build up a clientele. Later, bigger bonds will come as the agency sees that the bail bondsman is trust worthy and is doing his or her job effectively.

As for the long hours, well there is no guarantee when a defendant will call, so a bail bondsman must be ready to leave his or her house at any hour of the day. There are some days that are typically busy for bail bond agents. These days are usually on the weekends and on holidays.

Many of these bonds will be low bonds that come about from drinking and driving busts. It may not mean much money to the bond agent but it does build up a clientele. This is very important, so pay attention. The more people you help out, the better advertising via word of mouth occurs. This is the biggest tool in the bail bond agent’s arsenal.

If you bail out an individual from jail, there is no guarantee that you will have a client that makes his or her way to court. Many people, especially those that know, without a shadow of a doubt, that they will go to prison may try to run. This means that either you have to find the person or hire a bail enforcement agent, otherwise known as a bounty hunter, to track them down.

Bail bondsmen have tough jobs. No one is disputing that once they know the facts. Long hours, unpredictable work schedules and an unsure paycheck can be deterrents to individuals wanting to enter this job field. There is money to be had in high population areas.

There is also money to be made once you have your advertising firmly in place. Just remember to always act professionally and treat the person with courtesy and you will make money.

Visit Mike Selvon portal to learn more about the bail bondsmen. Your feedback is much appreciated at our [http://www.mynicheportal.com/legal/the-bail-bondsmen-duties]bail bond services blog where a free gift awaits you.

Article Source: http://EzineArticles.com/?expert=Mike_Selvon

]]>
/maricopa-county-courts/going-to-jail/jail-news/the-all-important-bail-bondsmen-duties/feed/ 0