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Rothgery v. Gillespie County, 554 U.S. 191 (2008), is a United States Supreme Court case in which the Court held that a criminal defendant's initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. [1]
In 1966, Congress enacted the Bail Reform Act, which expanded the bail rights of federal criminal defendants by giving non-capital defendants a statutory right to be released pending trial, on their personal recognizance or on personal bond, unless a judicial officer determined that such incentives would not adequately assure the defendant's appearance at trial.
The Texas man arrested for allegedly sending threats and sexually explicit messages to WNBA star Caitlin Clark was held on $50,000 bond following a disruptive court appearance in Indianapolis on ...
In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the ...
The majority of those who miss an appearance will return to court within one year. [59] FTA rates are also challenging to measure and compare. Some jurisdictions treat a single-missed court appearance as an FTA, such that a new FTA arises whenever an individual misses a court date in a single legal proceeding. [ 38 ]
One example of a large bail requirement was a case in Texas where New York real estate heir Robert Durst received a bail of $3 billion. The Durst's lawyer appealed the bail to the Texas Court of Appeals. The court responded that "it could not find a case where bail was set, let alone upheld, at even 1 percent of any of the amounts against the ...
A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court. Bail bond agents are almost exclusively found in the United States because the practice of bail bonding is illegal in most other countries.
A limited appearance is a term used in the United States law of civil procedure to describe a civil defendant's appearance in a quasi in rem action in the court of another state to dispute liability to the limited extent of the value of the property seized by that court. [3]