What is a bail hearing?

Published by Charlie Davidson on

What is a bail hearing?

A bail hearing is your opportunity to ask the judge to release you from jail until your trial. You can post bail by paying the money, having a bail bondsman pay it for you, or getting money to post bond from family and friends. Once you post bail, you will be released from jail until your trial occurs.

What are the terms of bail?

Bail is cash, a bond, or property that an arrested person gives to a court to ensure that he or she will appear in court when ordered to do so. If the defendant doesn’t show up, the court may keep the bail and issue a warrant for the defendant’s arrest.

What is the meaning of bail in legal terms?

Bail, procedure by which a judge or magistrate sets at liberty one who has been arrested or imprisoned, upon receipt of security to ensure the released prisoner’s later appearance in court for further proceedings. The court may release the accused on an unsecured promise—i.e., on their own recognizance.

What does bail hearing show cause mean?

What is “Show Cause”? In NSW for bail, generally offences are split into two categories, show cause offences and non-show cause offences. If an offence is show cause, a person applying for bail must first demonstrate to a court why they should be granted bail. The onus is on the applicant.

How long can you be on bail for?

28 days
What it did do was to establish that, initially, the police can only bail a person for 28 days, although this can be extended by a senior police officer to a total of three months, and thereafter it can be further extended by a magistrates’ court, ultimately indefinitely.

Why is bail needed?

The purpose of bail is to help ensure that a person accused of a crime does not leave town or miss specified trial dates in court. The accused must pay a certain amount of money that is held as collateral until the person’s case is over.

Do I need a lawyer for a bail hearing?

Even in cases where you are being charged with a minor offense like shoplifting, you still need help from a bail hearing lawyer if being held for bail. While the charge might seem trivial and you may think you can secure bail on your own, the Court may decide to make an example of you and set the maximum bail amount to deter others from committing this crime.

What do judges consider at a bail hearing?

What Determines The Outcome Of A Bail Hearing? A judge will consider many factors when making a decision whether or not to allow bail, and when determining the amount. Some examples of what the judge will consider include: Personal character and history

What does a surety do at a bail hearing?

What does it mean to be a surety at a bail hearing? If somebody close to you has been arrested, they may ask you to become a surety for the purpose of their interim release. Very basically, this means that the accused person has been arrested and the court may be willing to allow them out of jail while they await trial or resolution of their charges, but only under certain conditions.

How does the bail hearing work?

A bail hearing is not a trial. Here, the judge will not decide whether the accused is guilty or not. Instead, the judge will decide whether you can get out on bail or not. If approved, then you can go back to the community while waiting for trial. If not, then the authorities will keep you in custody while waiting for trial.

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