1.
What is Bail?
- Bail is the bond
amount set by Police, Bail Staff or Judges to make sure that a
person goes to court or returns to court if they are released
after they have been arrested.
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Police set a Bail amount at the time
of arrest.
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By law police are required to
notify Bail Staff when a defendant cannot make the bond
amount set by the police.
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Bail Staff will then conduct an
interview to get personal information from the defendant and
review the bond amount set by police.
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Bail Staff can increase or
decrease the amount set by police.
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3. How is Bail determined by CSSD-Bail Staff?
- Bail Staff
use specific factors to decide what type and how much bond
should be posted. These factors are called “weighted
release criteria” and they are required by State Statutes.
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4. What
are the weighted release criteria?
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The nature and circumstances of the offense
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The defendant's record of previous convictions
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The defendant's past record of appearance in court after being
admitted to bail
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The defendant's family ties
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The defendant's employment record
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The defendant's financial resources
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The defendant’s character and mental condition
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The defendant's community ties
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5. How does a person who is
arrested know if they are entitled to be interviewed by Bail
Staff during nights and weekends or when court is not in
session?
- Except in cases where a person is arrested on a warrant signed
by a judge and the bond has already been set or denied by the
judge, all arrested persons have the right to be interviewed
about the terms and conditions of their release.
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6. How is
bail posted?
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In order to post a Bond a person can either post the full cash
value or contact a licensed Bail Bondsman who may post a
person’s bail for a fee.
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Bail may be posted at a Police department where a defendant is
locked up, at a court house or at the prison in which the
defendant is being held.
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7. When does a person get
their bail money back if it is posted all in cash?
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When a diversionary program is granted for the defendant.
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If the person is acquitted.
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If the complaint or information filed against the person is
dismissed.
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When
the person is sentenced by the court.
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8. What are some typical
Conditions of Release?
- The Bail Commissioner or Court may impose nonfinancial
conditions of release, which may require that the arrested
person do any of the following:
- Remain under the supervision of a designated person or
organization;
- Comply
with restrictions on the person's travel, people they associate
with or where they live;
- Not engage in specified activities, including the use or
possession of a dangerous weapon, an intoxicant or controlled
substance;
- Avoid all
contact with an alleged victim of the crime and with a potential
witness who may testify about the offense; or
- Satisfy any other condition that is reasonably necessary to
assure that the person comes to court.
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9. What
happens if a person does not obey their conditions of release?
- If a person does
not obey their conditions of release, they can be charged with a
new crime or their bond can be modified or revoked by the court
and a new bond imposed.
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10. What happens if the person
misses Court?
- The Judge may order a failure to appear warrant for the person’s
arrest or the Judge may order a Bail Commissioner’s Letter be
issued that will be sent to the person with a new court date.
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11. What happens if the
Court issues a Failure to Appear Warrant?
- The person should contact their attorney or the Court and ask
what to do.
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12. Can a
person leave the state if they post Bail?
- Unless the Court or Bail Commissioner orders that the person
stay in the State, that person may leave as long as they return
in time to make their court appearances.
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13. What is the Pretrial Alcohol
Education Program?
- It is a program for those people charged with certain alcohol
offenses.
- The
program is meant for first time offenders although it may be
used again if 10 years has passed since it was last used.
- If the program is successfully finished, the case is dismissed.
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14. How does
a person successfully finish the Alcohol Education Program?
- To successfully
finish the Alcohol Education Program offenders must complete 10
or 15 counseling sessions in an alcohol intervention program or
successfully finish a substance abuse treatment program. Offenders must also complete any other conditions that the court
may impose.
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15. What is the Drug Education
Program?
- It is a program for those people charged with certain drug
offenses.
- A
person is not eligible for the pretrial Drug Education Program
if they have taken part in the Drug Education Program or the
Community Service Labor Program before.
- If the program is successfully finished, the criminal charges
are dismissed.
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16. What
is required for completion of the Drug Education Program?
- To successfully
finish the Drug Education Program offenders must complete 10 or
15 counseling sessions in a drug intervention program or
successfully finish a substance abuse treatment program of not
less than 12 sessions.
- In addition to the education classes, offenders must perform
community service and any other conditions that the court may
order.
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17. What is the
School Violence Program?
- It is a program for people charged with an offense involving the
use or threatened use of physical violence in or on the property
of a public or private elementary or secondary school or at a
school-sponsored activity.
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18. What is
required to complete the School Violence Program?
- The school violence program consists of at least 8 group
counseling sessions in anger management and nonviolent conflict
resolution.
- If
the program is successfully finished, the criminal charges are
dismissed.
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19. What is
the Jail Re-interview Program?
- It is a program to help pre-trial offenders who have not posted
bond. As a result of a re-interview, the amount of the bond or
the conditions of release may be changed. The Jail
Re-interview Staff may also refer offenders for treatment.
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