Bail Bonds—THINGS TO KNOW…
Warrant—are executed every day across the United States, and Madison County is no different. Warrants serve the purpose of either REMANDING (sending back) a defendant into the custody of the court, who has been accused of a crime (misdemeanor or felony) for further action or DETAINING an individual by law enforcement and into the custody of the jail, who has been caught in the act of or accused of committing a crime.
Not every arrest requires a bail or needs a bail bondsman, to be released from the custody of the jail. Some individuals can be released on a signature bond (R.O.R—promise to return to court) on their own recognizance.
Bail—the full dollar amount that has been assigned by a Judge or Magistrate to a charge/crime an individual is arrested for.
—-Without payment of the full bail, that indivisible has two options:
0. wait in jail until a court date is given, before the charges are heard or a plea is rendered by the individual on the charge(s).
0. post bail through a bail bonding company
Bond—the contract between the individual and a bail bonding company, who serves as a liaison between the court and the defendant, to ensure an individual’s bail is posted for their release from jail.
Bondsman—individuals who have been licensed their State Court Clerk’s Office, to post bonds for the release of a person, who’s been arrested, charged and is in the custody of the local jail.
Maine, Oregon, Wisconsin, Kentucky, Massachusetts, Nebraska, Illinois, and Washington D.C. do not have bail bonds agents. Individuals pay the full bail amount to the state to ensure release of themselves, a friend or a family member.
TERMS TO KNOW:
misdemeanor—n. a lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances and some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. “High crimes and misdemeanors” referred to in the U.S. Constitution are felonies.
felony—n. a crime carrying a minimum term of one year or more in state prison, since a year or less can be served in county jail. However, a sentence upon conviction for a felony may sometimes be less than one year at the discretion of the judge and within limits set by statute. Felonies are sometimes referred to as “high crimes” as described in the U.S. Constitution.
preliminary hearing—n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant’s right to plead guilty or not guilty).
indictment—n. a charge of a felony (serious crime) voted by a Grand Jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the public prosecutor (District Attorney). To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried.