Free Bail Bonds / Bail Bonds Articles:
1. What is the purpose of bail?
The purpose of bail is to assure the attendance of the defendant, when his or
her appearance is required in court, whether before or after conviction. Bail is
not a means of punishing a defendant, nor should there be a suggestion of
revenue to the government.
2. Is the Public Safety
issue measured in the decision to admit a
defendant to bail, or to deny Bail?
Bail can be denied in certain non-capital cases
based upon a finding of substantial likelihood
of harm to others. When the facts are evident or
the presumption of guilt is evidently great,
bail may be denied in the following instances:
In felony cases involving acts of violence, or
felony sexual assault offenses on another
person, if the court finds on clear and
convincing evidence that there is a substantial
likelihood that the release of the accused would
result in great bodily harm to others. In a
felony case, if the court finds on clear and
convincing evidence that the accused has
threatened another with great bodily harm, and
that there is a substantial likelihood that the
accused would carry out the threat if released.
The requirement of findings based on clear and
convincing evidence implies that a hearing will
be held on the issue. If there is existence of a
substantial likelihood of public harm or danger
to the community it would be determined on the
basis of the specific circumstances of the case,
the testimony of witness' and prior history of
the defendant. The decision to grant or deny
bail is subject to review on a court petitioned
motion by the defendant.
3.
What does it mean to "put my house up as
security" for a bail bond?
It generally means that you will sign a deed of
trust against your property naming the bonding
company as beneficiary. The trust deed will be
recorded with the County Recorder as a lien
against your property. If you default (the
bonding company has to pay the full bond amount
to the court and looks to you for repayment),
the bonding company can place your home in
foreclosure and sell it at a public auction to
recover the money it paid to the court. You will
also be in default if you fail to pay the bond
premiums plus accrued interest when they become
due. Most bond premiums are for a period of one
year. Since many cases last more than one year,
you must pay the renewal premium plus any
accrued interest every 12 months.
4.
When the case is over, is the lien against my
property automatically removed?
Not necessarily. But there are several things
you should do to make sure the lien is removed.
First, whether the case is dismissed or results
in a not guilty decision or ends with probation
or a conviction and jail sentence, go to the
final court appearance with the defendant and
make sure the defendant's attorney asks the
court to order the bond "exonerated" (released).
The bonding company will not remove the lien
against your property if the court fails to make
this order. Second, get a certified copy of the
court's order exonerating the bail bond. Ask the
bonding company what other documents it needs to
release the lien against your property and
obtain those documents as well. Third, send a
copy of the order and the other documents to the
bonding company, along with your written request
that the lien against your property be released.
If the court has ordered the bond exonerated and
you have paid all premiums due plus accrued
interest, the bonding company has 30 days after
the bond has been exonerated to send you a "Reconveyance"
(the document which releases the lien against
your property). If the bonding company fails to
do so, see an attorney: the bonding company may
be liable for your damages plus a $300 penalty
plus attorney's fees. Fourth, as soon as you
receive the Reconveyance, have it recorded with
the County Recorder.
Anytime you put your house up as security for a
bail bond, you are taking a big risk. You may
feel strongly about giving the defendant your
support, but you should be sure you understand
the consequences. No matter how well you know
the defendant, there is no guarantee that she or
he will show up for court appearances and trial.
If you are not sure about what you are doing,
don't put up your house as security for a bail
bond.
5.
What is considered by the Court in fixing the
amount of the bail?
The amount of the bail is first and foremost
within the scope and discretion of the judge or
magistrate, with only two general limitations:
First:
The purpose of bail is not to penalize or
punish the defendant, but only to secure the
appearance of the accused, and it should be set
with that in mind. Second: Excessive bail, not
warranted by the circumstances or the evidence
at hand. Is not only improper but a violation of
constitutional rights. In fixing the amount of
the bail, the court takes into consideration the
seriousness of the charge, the defendant's
previous criminal record, and the probability of
the defendant
appearing at the trial or hearing.
Additionally, if public safety is an issue, the
court may make an inquiry where it may consider
allegations of injury to the victim, danger to
the public and/or to the defendant him/her self,
threats to the victim or a witness, the use of a
deadly weapon, and the defendant's use or
possession of controlled substances. A judge or
magistrate setting bail in other than a
scheduled or usual amount must state on the
record the reasons and address the issue of
threats made against a victim or a witness. The
court must also consider evidence offered by the
detained person regarding ties to the community
and ability to post bond. The bail amount set by
the court must be within the minimum
range amount of bail
that would reasonably assure the defendant's
appearance. NOT the Maximum!
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Agency of Las Vegas.
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