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Bail and Pretrial Release
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Bail
Bail is the monetary amount required for a defendant to be released from custody before trial, to ensure their appearance in court.
Personal Recognizance
Release based on the defendant's promise to appear in court without requiring payment or bond.
Bail Bond
A contractual agreement between a bail bondsman and the defendant, where the bondsman agrees to pay the bail amount if the defendant fails to appear in court.
Surety Bond
A bond purchased from a bail bondsman, where a third party agrees to be responsible for the debt or obligation of the defendant.
Cash Bond
Bail paid in full in cash, which will be returned after the defendant's court appearances, minus any fees or fines.
Unsecured Bond
A bond where the defendant is released without payment, but will owe a specified amount if they fail to appear in court.
Property Bond
A type of bond where the defendant or a third party puts up property as collateral to secure release.
Conditional Release
The defendant is released with specific conditions they must follow, such as regular check-ins or drug testing.
Flight Risk
A defendant who is likely to flee jurisdiction to avoid prosecution and may lead to a higher bail or denial of bail.
Bail Schedule
A predetermined list of bail amounts for various offenses used to set bail before a defendant's first court appearance.
Pretrial Detention
Holding a defendant in jail while awaiting trial, generally when bail is not granted or cannot be posted.
Bail Hearing
A court proceeding where the judge decides whether the defendant can be released on bail and under what conditions.
Remand
The act of ordering a defendant to be detained in jail pending further court actions.
Bond Revocation
Occurs when a defendant’s bail is revoked due to a violation of bail conditions, resulting in their return to custody.
Pretrial Services
Government agencies that provide the court with information about a defendant's background and recommend conditions of release.
Own Recognizance (O.R.)
The release of a defendant from custody based solely on their promise, without requiring bail, to return for court proceedings.
Risk Assessment
An evaluation used to determine the likelihood that a defendant will reoffend or fail to appear in court if released before trial.
No-Contact Order
A condition of release that prohibits the defendant from contacting the alleged victims or witnesses.
Electronic Monitoring
A condition of release where the defendant is tracked via an electronic device to ensure compliance with court-ordered restrictions.
Failure to Appear (FTA)
An instance where a defendant does not show up for scheduled court proceedings, potentially resulting in a warrant for their arrest.
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