Bail

Bail in United States

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Bail Definition

(Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. The word is used both as a substantive and a verb, though more frequently as a substantive, and in civil cases, at least, in the first sense given above, in its more ancient signification, the word includes the delivery of property, real or personal, by one person to another. Bail Above. Sureties who bind themselves either to satisfy the plaintiff his debt and costs, or to surrender the defendant into custody, provided judgment be against him in the action, and he fail to do so. Sellon, Prac. 137. Ball to the Action. Ball above. Bail Belqw. Sureties who bind themselves to the sheriff to secure the defendant’s appearance, or his putting in bail to the action on the return day of the writ. It may be demanded by the sheriff whenever he has arrested a defendant on a bailable process, as a prerequisite to releasing the defendant. ‘ Bail to tlie Sheriff. Bail below. Civil Bail. That taken in civil actions. Common Bail. Fictitious sureties formally entered in the proper oflBce of the court. It is a kind of bail above, similar in form to special bail, but having fictitious persons, John Doe and Richard Doe, as sureties. Filing common bail is tantamount to entering an appearance. Speoiat Bail. Responsible sureties who undertake as bail above. Bail in Error. The bond given to secure a stay of proceedings on writ of error. In Canadian Law. A lease. See Merlin, Repert. Bail. Bcuil emphyteotHque, a lease for years, with a right to prolong indefinitely. 5 Low (U.S.) 881. It is equivalent to an alienation. 6 Low. (U.S.) 58.

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Legal Issue for Attorneys

(Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. The word is used both as a substantive and a verb, though more frequently as a substantive, and in civil cases, at least, in the first sense given above, in its more ancient signification, the word includes the delivery of property, real or personal, by one person to another. Bail Above. Sureties who bind themselves either to satisfy the plaintiff his debt and costs, or to surrender the defendant into custody, provided judgment be against him in the action, and he fail to do so. Sellon, Prac. 137. Ball to the Action. Ball above. Bail Belqw. Sureties who bind themselves to the sheriff to secure the defendant’s appearance, or his putting in bail to the action on the return day of the writ. It may be demanded by the sheriff whenever he has arrested a defendant on a bailable process, as a prerequisite to releasing the defendant. ‘ Bail to tlie Sheriff. Bail below. Civil Bail. That taken in civil actions. Common Bail. Fictitious sureties formally entered in the proper oflBce of the court. It is a kind of bail above, similar in form to special bail, but having fictitious persons, John Doe and Richard Doe, as sureties. Filing common bail is tantamount to entering an appearance. Speoiat Bail. Responsible sureties who undertake as bail above. Bail in Error. The bond given to secure a stay of proceedings on writ of error. In Canadian Law. A lease. See Merlin, Repert. Bail. Bcuil emphyteotHque, a lease for years, with a right to prolong indefinitely. 5 Low (U.S.) 881. It is equivalent to an alienation. 6 Low. (U.S.) 58.

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Notice

This definition of Bail Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Bail as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances.

Practical Information

Note: Some of this information was last updated in 1982

The security given the court (in U.S. law) to obtain the release of a prisoner and insure his or her later appearance at trial. The security as well as the persons who give it is known as bail. A bail bond is the document evidencing the monetary obligation to the court, signed by the defendant and those who put up the money for the defendant’s release. The obligation is extinguished when the defendant appears at trial.

(Revised by Ann De Vries)

What is Bail?

For a meaning of it, read Bail in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Bail.

Bail

United States Constitution

According to theEncyclopedia of the American Constitution, about its article titled BAILBail is the prevailing method by which American law has dealt with a puzzling problem: what to do with a person accused of crime during the time between arrest and trial? Imprisonment imposed before trial subjects one who has not been and may never be convicted to disabilities that have all the
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Bail

United States Constitution

According to theEncyclopedia of the American Constitution, about its article titled BAIL In 1986, when the Encyclopedia of the American Constitution was first published, some scholars maintained that the Eighth Amendment’s prohibition of “excessive bail” implied a right to bail in all noncapital cases. Others argued that the clause afforded no right to bail in any case.
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Concept of Bail

In the U.S., in the context of Judiciary power and branch, Bail has the following meaning: To win release from custody prior to trial an accused person may in many cases deposit or pledge some form of capital (money or property) with a court as a promise to return and submit to the court’s jurisdiction at a specified time and place. If the accused fails to appear, bail is forfeited and paid over to the court. The amount of bail is determined by a judge but the constitution requires that bail should be reasonable, that is, appropriate to the crime. Bail may not be available in all courts for all crimes, especially the most heinous. As with release to personal recognizance, a grant of bail my rest on a court’s judgment of the accused’s reputation, potential threat to the community, and flight risk. (Source of this definition of Bail : University of Texas)

Bail

Bail Explained

References

See Also

  • Criminal Law
  • Criminal Procedure

Bail

Resources

Further Reading

  • Bail, Not Jail, For More Defendants, Nagel, Stuart S. and Neef, Marion, 60: 172-178 (Nov. ’76, AJS Judicature)
  • The pretrial release decision, Clark, John and Henry, D. Alan, 81: 76-81 (Sept.-Oct. ’97, AJS Judicature)
  • Resources

    See Also

    • Judiciary Power
    • Judiciary Branch

    Bail Explained

    References

    See Also

    • Criminal Law
    • Criminal Procedure

    Resources

    See Also

  • Legal Topics.
  • Appeal; Arraignment; Capital Punishment: Legal Aspects; Civil and Criminal Divide; Jails; Prediction of Crime and Recidivism; Preliminary Hearing; Trial, Criminal.

    Due Process of Law; Eighth Amendment; Recognizance.

    Related Case Law

    Carlson v. Landon, 342 U.S. 524 (1952).

    Schall v. Martin, 467 U.S. 253 (1984).

    Stack v. Boyle, 342 U.S. 1 (1951).

    U.S. v. Edwards, 430 A.2d. 1321 (1981).

    U.S. v. Salerno, 481 U.S. 739 (1987).

    Further Reading (Books)

    Angel, Arthur; Green, E.; Kaufman, H.; and Van Loon, E. “Preventive Detention: An Empirical Analysis.” Harvard Civil Rights_Civil Liberties Law Review 6 (1971): 301.

    American Bar Association. Pretrial Release Standards rev. ed. Chicago: American Bar Association, 1985.

    Beeley, Arthur. The Bail System in Chicago. Chicago: University of Chicago Press, 1927.

    Fabricant, Neil. “Bail as a Preferred Freedom and the Failures of New York’s Revision.” Buffalo Law Review 18, no. 1 (1968_1969): 303.

    Foote, Caleb. “Compelling Appearance in Court: Administration of Bail in Philadelphia.” University of Pennsylvania Law Review, 102 (1954): 1031.

    “The Coming Constitutional Crisis in Bail: I.” University of Pennsylvania Law Review 113 (1965): 959.

    Frankfuter, Felix, and Pound, Roscoe. Criminal Justice in Cleveland. Cleveland: Cleveland Foundation, 1922; Montclair, N.J.: Patterson-Smith, 1968.

    Goldfarb, Ronald. Ransom: A Critique of the American Bail System. New York: John Wiley and Sons, 1965.

    Goldkamp, John S. Two Classes of Accused: A Study of Bail and Detention in American Justice. Cambridge, Mass.: Ballinger Publishing Co., 1979.

    “Danger and Detention: A Second Generation of Bail Reform.” Journal of Criminal Law and Criminology 76, no. 1 (1985): 1_74.

    Goldkamp, John S.; Gottfredson, Michael R.; Jones, Peter R.; and Weiland, Doris. Personal Liberty and Community Safety: Pretrial Release in the Criminal Courts. New York: Plenum, 1995.

    Further Reading (Books 2)

    Epstein, Lee, and Thomas G. Walker. “The Pretrial Period and the Right to Bail.” In Constitutional Law for a Changing America: Rights, Liberties, and Justice. 4th ed. Washington, D.C.: Congressional Quarterly, 2001.

    Renstrom, Peter G. Constitutional Rights Sourcebook. Santa Barbara, Calif.: ABC-CLIO, 1999.

    Jeffrey T.Coster

    Further Reading (Articles)

    Bail: A Different Kind of ‘Bonding Moment’, Intelligencer Journal/New Era; September 24, 2013; Johnson, Pat

    Bail amounts ‘extremely’ high, Redlands Daily Facts; May 11, 2011; MIKE CRUZ JAMES RUFUS KOREN

    Bail law worries defense attorneys, The Record (Bergen County, NJ); February 19, 2008; KIBRET MARKOS, STAFF WRITER

    Bail bandits facing longer behind bars, The Scotsman; September 27, 2005; Michael Howie

    Bail varies with judges: There are guidelines but no standards for setting fees intended to ensure that defendants don’t flee before court appearances. Reading Eagle (Reading, PA); October 7, 2006

    ‘Bail bandits’ commit 25,600 crimes, The Scotsman; March 22, 2007

    Bail-on-credit worries police, insurers — Seen to undercut incentive to face charges, The Commercial Appeal (Memphis, TN); December 28, 2008; Gillian Flaccus

    Bail is set ‘extremely high’, San Bernardino County Sun (San Bernardino, CA); May 11, 2011; Mike Cruz James Rufus Koren

    Bail fees a big bonus for court workers, The Boston Globe (Boston, MA); August 18, 1991; Jordana Hart, Globe Staff

    Bail and Bail Bond Agents, Gale Encyclopedia of Everyday Law; January 1, 2006

    Bail-Bonds Company Reaches across Nation from Greenville, Pa. Knight Ridder/Tribune Business News; August 17, 2001

    Some bail officers’ fees push state-suggested limit, The Boston Globe (Boston, MA); August 18, 1991; Jordana Hart, Globe Staff

    Bail Bond Industry Protests Santa Clara, Calif., Automatic Bail Tellers. Knight Ridder/Tribune Business News; October 7, 1998; Kaplan, Tracey

    Even bail agents feel recession, The Record (Bergen County, NJ); January 4, 2009; GILLIAN FLACCUS, THE ASSOCIATED PRESS

    Bail or jail?(today’s trial), LawNow; June 1, 2006; Mitchell, Teresa

    Bail, A Matter of Right: Not to Be Denied on the Ground of Nationality, Mondaq Business Briefing; November 4, 2013; Das, Bijoylashmi

    THE BAIL QUESTION, The Irish Times; September 30, 1995

    San Jose: Bail bonds agencies chafe at proposed city rules, Oakland Tribune; August 19, 2011; John Woolfolk

    Bail shake-up plans ‘too little, too late’ McConnell makes stinging attack on judges, The Herald; September 27, 2005; DOUGLAS FRASER and ROBBIE DINWOODIE

    Bail in sex crimes could end, AZ Daily Star; April 28, 2002; Tom Beal

    Bail in State Statute Topics

    Introduction to Bail

    The purpose of Bail is to provide a broad appreciation of the Bail legal topic. Select from the list of U.S. legal topics for information (other than Bail).

    Concept of Bail

    In the U.S., in the context of Judiciary power and branch, Bail has the following meaning: To win release from custody prior to trial an accused person may in many cases deposit or pledge some form of capital (money or property) with a court as a promise to return and submit to the court’s jurisdiction at a specified time and place. If the accused fails to appear, bail is forfeited and paid over to the court. The amount of bail is determined by a judge but the constitution requires that bail should be reasonable, that is, appropriate to the crime. Bail may not be available in all courts for all crimes, especially the most heinous. As with release to personal recognizance, a grant of bail my rest on a court’s judgment of the accused’s reputation, potential threat to the community, and flight risk. (Source of this definition of Bail : University of Texas)

    Bail

    Bail Explained

    References

    See Also

    • Criminal Law
    • Criminal Procedure

    Resources

    See Also

    • Judiciary Power
    • Judiciary Branch

    Bail Explained

    References

    See Also

    • Criminal Law
    • Criminal Procedure

    Resources

    Further Reading

    Bail in the Context of Law Research

    The Thurgood Marshall School of Law Library defined briefly Bail as: Security given, in the form of bail bond or cash, as a guarantee that released prisoners will present them selves for trial. This security may be lost if the released person does not appear in court at the appointed time.Legal research resources, including Bail, help to identify the law that governs an activity and to find materials that explain that law.

    Bail in the Criminal Justice System

    This section covers the topics below related with Bail:

    Financial Release

    Courts in relation with Bail

    Pretrial Release and Services

    Concept of Bail

    In the U.S., in the context of Judiciary power and branch, Bail has the following meaning: To win release from custody prior to trial an accused person may in many cases deposit or pledge some form of capital (money or property) with a court as a promise to return and submit to the court’s jurisdiction at a specified time and place. If the accused fails to appear, bail is forfeited and paid over to the court. The amount of bail is determined by a judge but the constitution requires that bail should be reasonable, that is, appropriate to the crime. Bail may not be available in all courts for all crimes, especially the most heinous. As with release to personal recognizance, a grant of bail my rest on a court’s judgment of the accused’s reputation, potential threat to the community, and flight risk. (Source of this definition of Bail : University of Texas)

    Bail

    Bail Explained

    References

    See Also

    • Criminal Law
    • Criminal Procedure

    Resources

    See Also

    • Judiciary Power
    • Judiciary Branch

    Bail Explained

    References

    See Also

    • Criminal Law
    • Criminal Procedure

    Resources

    See Also

    • Financial Release
    • Courts
    • Pretrial Release and Services

    Bail Definition in the context of the Federal Court System

    Security (usually in the form of money) given for the release of a criminal defendant or witness from legal custody to secure his appearance on the day and time set by the court.

Bail: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Bail. This part provides references, in relation to Bail, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Bail by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Bail and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Bail or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Bail and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Bail. Finding these decisions can be challenging. In many cases, researchers about Bail should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Bail when formerly requested by a designated government officer):

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