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Bail offered before charge is known as pre-charge or police bail, to secure the suspect's release under investigation. [ 2 ] For minor crimes, a defendant may be summoned to court without the need for bail, or may be released on recognizance (promising to appear in court, with no bail required) following arraignment .
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.
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 bounty hunter is a private agent working for a bail bondsman who captures fugitives or criminals for a commission or bounty.The occupation, officially known as a bail enforcement agent or fugitive recovery agent, has traditionally operated outside the legal constraints that govern police officers and other agents of the state.
A recognizance is a form of bail, in which an accused is released from pre-trial detention with an incentive to ensure that they will appear before the court to face charges on a certain day in the future. A person may be required to provide sureties, being another person who will guarantee the attendance of the accused and agree to forfeit the ...
Bail bond agents also have a monetary incentive to make an accurate assessment as to the defendant's likelihood of jumping bail; if he declines to grant a bond to an individual who would have shown up to trial, then he loses business, but if he grants bail to a person who jumps bail, then he suffers a financial loss.
The first U.S. pretrial services program was the Manhattan Bail Project. Established in 1961, the program was designed to help defendants who were unable to post the financial surety bond conditions set in New York City. The program interviewed defendants to gather information on community ties to determine a defendant's likelihood of appearing ...
The police may offer bail in two different circumstances: where there is not enough evidence to charge a suspect (pre-charge bail) or once a suspect has been charged (post-charge bail). [21] The Police and Crime Act 2017 made a number of amendments to PACE, one of which was to introduce an approach to police bail that applies bail only under ...
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