Pre-Trial Issues: Bail

Question 1

Bail Definition

Answer 1

Security given by the accused that he will appear in court and answer the accusation brought against him.

Question 2

Bail Types: (2)

Answer 2

(1) Bail bond

(2) Personal Bond

Question 3

Bail Bond Definition

Answer 3

written undertaking by defendant and sureties

Question 4

Personal Bond Definition

Answer 4

Release of a defendant without securities or other securities

Question 5

Bail Considerations (5)

Answer 5

(1) Large enough to reasonably assure the presence of the defendant
(2) Not excessive or an instrument of oppression or punishment
(3) Type of crime charged
(4) Defendant’s financial resources
(5) Safety of victim and community

Question 6

Conditions of Release of Bail (5)

Answer 6

Must be reasonable, including:

(1) stay away from child victim or don’t go to specific locations
(2) submit to electronic monitoring and house arrest,
(3) submit to home curfew
(4) breath analysis device attached to car
(5) not communicate w/ victim, or go near residence or work

Question 7

Exceptions to Constitutional Right to Bail (5)

Answer 7

(1) Capital Murder, substantial evidence of guilt
(2) Charged with felony and has 2 prior consecutive felony convictions
(3) presently on bail for felony offense and charged with another felony while on bail
(4) charged with felony involving the use of deadly weapon and has a prior felony conviction
(5) charged with a violent or sexual felony while defendant was on probation or parole for a prior felony

Question 8

Reduction of Bail Proceedings (2)

Answer 8

(1) Defendant has burden of Proof

(2) File a writ of habeas corpus

Question 9

Write of Habeas Corpus Definition (2)

Answer 9

(1) remedy to be used when person is restrained in his liberty
(2) Order issued by the court, directed to person who has custody, ordering him to produce the person at a set time and place, and show cause as to why person is in custody.

Question 10

Increase of Bail

Answer 10

Has to be good and sufficient cause