Why aren't there guide lines for Judges to set bail for defendants?
Shouldnt bail be set according to the degree of the crime? Why is it that sometimes- accused murderers get much lower bails then people accused of middle of the road white collar crimes? It makes not sense to me!
Answer:
When you are arrested the judge has a few options for release conditions. Bail can be denied, you may be released on your own recognizance, or there may be a bail bond. There is in some states still an option of a third party release.
Bail bonds, also, have a few options. Sometimes it is a "cash only" bond....only cash will do. Most often it is a "surety bond" which in most states is 10% cash and collateral for the full amount of the bond. This type is done with a bail bond agent. Finally, some states allow property bonds where you can file papers with the court as your bail collateral. This can also be done with a bail bond agent.
When "posting your own bond" probably means is paying the cash up front. One warning, however, when you pay cash to the jail you usually don't get it back because it can be applied to your fines, fees, restitution, etc. They cannot do this with a bail bond from a surety company.
Release of a bail bond:
You bring the person to the bondsman who will take them into custody and turn them over to the police. Your bond should be released once they are back in custody.
If the person refuses to accompany you to the bondsman (pretty likely, I'd think!) then go to the bondsman and tell him what you want to do. He will attempt to apprehend the individual. You will be responsible for any costs involved. These could be significant. Your bond should be released, less costs, once the individual is back in custody.
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bail is not punishment and the amount is designed to ensure that the defendant appears for trial. That depends more on the person and on his wealth than on the nature of the crime.
Contrary to popular belief there is NO right to bond at any level of the court system. All the Constiitution provides is that bond may\not be excessive under the cicumstance..
And, there are basically three guidelines that judges can refer to
in setting bond. First: is there a risk of flight? Second, is there a
danger to the communityand lastlyis there a danger to the victimof the crime.
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