Bail Bond Flashcards
Is there a way that person charged with a felony can be released from jail if he has no money and cannot secure a surety? Explain you answer.
A person charged with a felony can be released on a personal bond. Unlike a bail bond, a personal bond requires no surety or deposit of money with the court.
What are three rules for fixing the amount of bail?
1) Bail should be high enough to ensure the defendant’s appearance.
2) bail cannot be so hight that it is being used as an INSTRUMENT OF OPPRESSION.
3) Bail amount should take into consideration the SAFETY OF THE VICTIM (safety of the community; nature of the offense)
You are appointed represent Amy. The magistrate denies Amy bail even though she has no prior criminal record. What procedural step, if any, can you take to challenge the denial of bail? Explain fully.
I can file a write of habeas corpus. Bail cannot be denied in a non-capital case unless the defendant has prior felony convictions, was out on bail for a prior felony when arrested, or was accused of a violent offense while on probation.
The magistrate releases Buddy on a personal bond with the condition that he not have any contact with Rob. Was the magistrate authorized to impose the condition that Buddy not have any contact with Rob? Explain you answer.
Yes, the magistrate was authorized to impose this condition. A magistrate may impose any REASONABLE condition on bond related the safety of the victim or the community.
At Wilma’s examining trial, you argue that she cannot afford to post bail in excess of $10,000, but the magistrate sets Wilma’s bail at $25,000. What procedural step, if any, can you take to seek a reduction in bail, and what argument, if any, can you make for such a reduction?
I can file a writ for habeas corpus seeking a reduction in the amount of bail. I would argue that the bail is being used as an instrument of oppression and not to ensure the defendant’s presence at trial.
