An accused who is arrested is physically taken to jail. But the state has no right to punish die arrestee. Every person accused of a crime is presumed innocent under the Fifth Amendment until proven guilty beyond a reasonable doubt and to a moral certainty, and therefore is entitled to release on bail with only limited exceptions. The purpose of bail is merely to help assure the defendant's presence for trial. Fort Worth Bailbonds refers to the security given the court by the accused to assure later appearance for trial, in exchange for immediate release from custody. The amount of bail must be specified in the arrest warrant or, if arrest is without warrant, the magistrate will set bail after the arrest and booking. The court may deny bail where there is a great likelihood the defendant will flee, as when a capital offense has been charged and the evidence of guilt is overwhelming. But bail cannot be denied or set unreasonably high simply because a judge considers a defendant to be dangerous.
Bail will be denied a person accused of certain extremely serious federal crimes if the federal reveals by clear and credible proof, after an adversary hearing, that no release conditions would sensibly assure the safety of the community. Bail for defendants accused of less serious federal offenses may be denied when, for example, diere is a high degree of risk diat die defendant will flee if released pending trial. When bail is denied, federal detainees are housed separately from convicted defendants, and other procedural safeguards apply. In all cases, the policy is to be liberal in setting bail before any conviction takes place. Freedom while appealing a conviction is easily distinguishable from the situation before trial because diere is no longer a presumption of innocence.
A Fort Worth Bailbonds is a document signed by both the accused and a bail bondsman binding them to pay to the state a specified sum if the accused fails to appear in court as directed. Bail bondsmen charge substantial fees in exchange for making such a promise, typically 10 percent of the sum specified as bail. They rarely lose money because they secure their risk with collateral (such as stocks, bonds, mortgages, jewelry, or other valuables) and later go to great lengths to recover from the clients who "jump bail" (i.e., fail to appear in court as promised). Under the Eighth Amendment, a judge or magistrate may not demand "excessive bail," but any amount may be too much for a poor person. Accordingly, at die federal level and in a number of progressive states, reforms have been enacted to permit release of the poor on their own recognizance, whereby the accused person simply promises in writing to appear for the trial. The court can attach other conditions to the prisoner's release, such as a promise not to contact the victim of the crime. Failure to fulfill conditions of release may lead to rear-rest and may involve an obligation to pay a specified sum of money to the court.
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