who approves a bond for a inmtae in jail asked by from lawyer

How do I post a bond for an inmate?

You can usually find the telephone number on the county or city's website. Inform the individual who answers the phone that you would like to post bond for an inmate and need to know what the bond amount is. You'll need the incarcerated person’s complete name so that jail officials can look up the information for you.

What happens when a bail bond bondsman absconds?

Bail bondsmen and their employees sometimes go to great lengths to bring in an absconding defendant, because if they can't, they will end up paying the court the required bail. Some state laws give the defendant or bail bondsman a chance to explain the reason for the violation and possibly avoid the forfeiture.

What is a bid bond or prison bond?

This is also called a Prison Bond. These are also referred to as Contract Surety Bonds. The First, the Bid Bond, provides financial assurance that the bid has been submitted in good faith and that the contractor intends to enter into the contract at the price bid and provide the required performance and payment bonds.

How do I find out the bond amount of a defendant?

If the county provides online access to jail records or incarceration information, you should be able to search those records by the defendant's name – the bond amount will be listed in the case details.

What does it mean when a judge gives you a bond?

A bond is posted on a person's behalf, usually by a bail bond company, to secure the person's release. Sometimes the judge sets a bond that is one of “personal recognizance,” or a “PR bond,” which means the person is released on the basis of a promise to appear at future court proceedings.

How does bonding work out of jail?

A bail bond is a way for a defendant to pay the jail to get out of jail until their court date. If the defendant cannot afford bail, they must wait in jail until their court date. In many jurisdictions and situations, you do have the option of paying the full amount of bail yourself.

How long can you be held without bond in Texas?

According to Texas Code of Criminal Procedure §17.151, the state must either release you on a personal bond or reduce your bail if it is not ready to proceed to trial in a specified length of time. You must have a bond set or have your bail amount reduced if you have been held for: 90 days if accused of a felony.

How long can jail hold you after bond is posted?

Unfortunately, there is no prescribed or set time allotment in which a defendant must be released following bail posting. In general, it can take between four to eight hours, although it may happen more quickly, or could take longer. Why? It depends upon the workload of the court system and the jail.

Can you bond out on a felony charge?

Can You Get a Bail Bond With Felony Charges? Yes, if you are charged with a felony crime, you are eligible for obtaining a felony bail bond. Keep in mind that bail for felony crimes is set at your county's Superior Court. Typically, bail for felony crimes ranges between $1,500 to the hundred thousands price point.

Can a judge deny bail in Texas?

Bail can be denied for many reasons. Denial is most common in cases of alleged familial or child abuse. A judge will likely deny you bail if the alleged victim or community's safety is at risk. You may also be denied bail if the judge has reason to believe you're a flight risk.

How long can you be held in jail with charges in Texas?

Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth. When you are taken into custody, the police can legally hold you for up to 72 hours without filing charges. Expunction of Texas charges never filed may sound uncommon but surprisingly it is not. Instead, it is an intimidation tactic.

How long can you be held in jail before seeing a judge in Texas?

Generally, you'll be booked in at the local county jail and within 24-48 hours appear before a judge. That judge will formally notify you of the charges against you, set a bond for you, and give you a date for your first court appearance. Most of my clients are arrested and charged in Harris County.

Why do you only have to pay 10 percent of bail?

For example, if the court requires $10,000 in bail, the insurance company could charge a 10 percent premium, or $1,000, to post the bond. The company will also require a guarantor to sign for the bond as well. This person will guarantee to pay the insurance company the $10,000 if the accused does not show up.

What does it mean when there is a hold on a bond?

Being held on bond enables the arrested person (defendant) to be released from jail until his or her case is completed. A person who has been arrested for a crime and booked into jail must go before a judge who decides the terms and conditions of that particular person's bail order.

What is the process of getting bail?

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.

What happens during a bond hearing in Texas?

Bail/Bond Hearing in Dallas Depending on the alleged offense, as well as the alleged offender's criminal history, the judge will determine whether or not to grant the defendant bail. If bail is denied, the defendant will remain in custody until the conclusion of his or her case.

How to post a bond for an inmate?

Inform the individual who answers the phone that you would like to post bond for an inmate and need to know what the bond amount is. You'll need the incarcerated person’s complete name so that jail officials can look up the information for you. Ask where you can go to pay the bond and if there are any other instructions that you need to follow.

How to find out if someone posted a bond?

The easiest way to find the bond amount is to ask the inmate himself, or his lawyer or public defender. If this is not possible, you could look online, call the jail or consult a bail bondsman.

What does it mean to post a bond in your name?

Posting a surety bond through a bail bondsman in your name means that you may be held responsible for the court costs, bondsman fees and sheriff’s fees if the person you are posting the bond for does not show up for court. Posting a cash bond does not necessarily mean that you'll be refunded the cash amount when the case concludes.

What to do if you don't show up for court?

If this is not possible, you could look online, call the jail or consult a bail bondsman. Posting bail means that you may lose the bail money or be held responsible for the court costs, bondsman fees and sheriff’s fees if the person you are posting the bond for does not show up for court.

What is a cash bond?

A cash bond is the amount that you can pay in cash, without going through the bail bondsman, directly to the jail. A surety bond is the amount of the bond, plus the bail bondsman’s fees. You will need a surety bond if you do not have the cash on hand to pay the bond yourself directly to the jail. Read More: What Is a Split Bail Bond? ...

What happens if you have bail set?

If bail has been set, the inmate likely will have appeared in court with a lawyer or public defender. The inmate should therefore know the jail bond amount. If you are not able to speak with the inmate directly, call her lawyer or public defender for this information.

Can you post a bond if you are arrested?

Ask where you can go to pay the bond and if there are any other instructions that you need to follow. Note that in some cases, a bond cannot be posted, such as when a person is arrested for failure to appear in court in an ongoing criminal case.

What to do if you break a law?

Breaking a law, even if not convicted for it, can form the basis for a parole revocation. Report one’s location. Often, parolees must call-in or wear electronic or GPS tracking devices. Obtain permission to travel. Travel restrictions apply to international travel, and may also pertain to interstate travel.

What is a parole board?

A group of prison officials, not judges, considers state prisoners’ requests for parole. Known as a “parole board,” these officials meet regularly to hear batches of requests. When the board denies parole, the prisoner may, in some cases, be able to appeal the denial to a board of appeals or to a court.

What is parole in prison?

Parole is the early release from prison, before the prisoner has served the entire sentence. Parolees remain under supervision for the balance of their sentence, and typically must comply with a set of behaviors, called “conditions of parole.” Prisoners are not entitled to parole; rather, parole boards consider a number of factors when deciding whether to grant parole.

How is parole different from probation?

However, there are important differences: Parole is granted to someone who has been serving a prison sentence. Parole is decided by a panel of prison officials. Probation can itself be the sentence for a crime, or it can be ordered to begin after the defendant has served a period of time in a county jail.

Do prisoners get parole?

Prisoners are not entitled to parole; rather, parole boards consider a number of factors when deciding whether to grant parole. The federal system does not grant parole as just described. Instead, for crimes committed after November 1, 1987, prisoners earn “good time” credits for exemplary behavior while incarcerated;

Can a prisoner be released on supervised release?

Prisoners whose crimes occurred before the above date are still eligible for parole hearings. At the time of sentencing, no matter the date of the crime, judges can order “supervised release” for any prisoner upon his or her release.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

What are the rights of inmates?

The rights of inmates include the following: 1 The right to humane facilities and conditions 2 The right to be free from sexual crimes 3 The right to be free from racial segregation 4 The right to express condition complaints 5 The right to assert their rights under the Americans with Disabilities Act 6 The right to medical care and attention as needed 7 The right to appropriate mental health care 8 The right to a hearing if they are to be moved to a mental health facility

What to do if you are facing time in jail?

If you or someone you know is facing time in prison or county jail, then you need to know about inmates' rights. To find out about whether specific rights have been violated, such as inadequate medical care or blatant acts of abuse, you should speak with a civil rights attorney right away.

What is the right of disabled people in prison?

Disabled prisoners are entitled to assert their rights under the Americans with Disabilities Act to ensure that they are allowed access to prison programs/ facilities that they are qualified and able to participate in .

Which amendment gives prisoners the right to be free?

Inmates also have the right to be free, under the Eighth Amendment of "cruel and unusual" punishment; the term noted by the Supreme Court is any punishment that can be considered inhumane treatment or that violates the basic concept of a person's dignity may be found to be cruel and unusual.

Do inmates have rights?

Even the most chronic or hardened inmates have basic rights that are protected by the U.S. Constitution. If you are facing incarceration, or if you have a family member or friend who is in prison or jail, you should know about inmates' rights.

Do prisoners have to pay their own court fees?

Prisoners must pay their own court filing fees, either in one payment or in a series of monthly installments. Courts have the right to dismiss any prisoner's lawsuit which they find to be either "frivolous," "malicious" or stating an improper claim.

Can a prisoner file a claim for mental injury?

Prisoners cannot file a claim for mental or emotional injury unless they can show that they also suffered a physical injury. Prisoners risk losing credit for good time if a judge decides that a lawsuit was filed for the purpose of harassment, that the inmate lied, or that the inmate presented false information.

What happens at a bond hearing?

During a bond hearing, the defense attorneys ask for their clients to be released, placing either their word or a dollar amount up as a bond. The lawyers will argue their case presenting evidence. The prosecution is present at the hearing and will agree with the request, deny it, or have an alternative proposal.

How long does it take to get a bail bond hearing?

Typically, if bail bond hearing and arraignment are done at the same time, it must be within 48 to 72 hours after the accused has been arrested, although this may vary sometimes.

What is a bond hearing?

During a bond hearing, a defendant has to appear in court and request that the judge allow him to be released from police custody while the criminal case is pending. It is common for the initial hearing, where the accused hears the charges, to also be a first bail bond hearing. This is known as an “arraignment”.

What is the burden of proof in bail hearings?

Uniquely, during a bail hearing, the accused carries the burden of proof. Judges make decisions based on the proof that the defendant presents, but they also look at the charges, whether the defendant has a past criminal history, has close ties to the community and family, and his or her financial resources and financial situation.

Why can't a defendant be held without bail?

The risk the defendant poses to the community. It is possible for defendants to be held without bail if the judge feels they pose a threat to the community. In many cases, this is because someone is held on a federal crime, or because they have previously absconded.

What are the possible outcomes of bail?

Possible Bail Outcomes. It is generally hoped, at least by the defendant, that the court will approve the bail request in full. In most cases where this happens, the prosecution would also be in agreement.

How much bail is a felony?

In most cases, a felony offense carries a bail five to ten times higher than a misdemeanor. Furthermore, there is more to bail than just a dollar amount. Judges usually also have various conditions and restrictions, one of which is generally a curfew. Other restrictions include:

When is a bail bond forfeited?

Federal rules, as well as virtually all state laws, allow for bond forfeiture when a defendant fails to make a court appearance. Along with that, the federal courts and most states authorize bond forfeiture for a violation of a release condition. When a defendant's bail is revoked, the court's next step is to forfeit the bail bond.

Why do bail bondsmen go to great lengths?

Bail bondsmen and their employees sometimes go to great lengths to bring in an absconding defendant, because if they can't, they will end up paying the court the required bail. Some state laws give the defendant or bail bondsman a chance to explain the reason for the violation and possibly avoid the forfeiture.

What happens if a defendant violates bail?

This freedom comes with a lot of strings attached: If a defendant violates bail conditions, fails to show up in court, or gets arrested again, the judge can revoke the defendant's bail and put the defendant back in custody. After revocation comes forfeiture of the bail money or bond. So, the defendant loses his freedom and might possibly lose his ...

What happens after a bail revocation?

After revocation comes forfeiture of the bail money or bond. So, the defendant loses his freedom and might possibly lose his money. If a defendant's violation is explainable, there's a chance that forfeiture can be set aside.

What is the process of revocation of bail?

In federal court, the Bail Reform Act of 1984 controls the process. If a defendant commits a crime while out on bail, there's a presumption that no conditions of release can keep the community safe.

How does bail reform work?

In federal court, the Bail Reform Act of 1984 controls the process. If a defendant commits a crime while out on bail, there's a presumption that no conditions of release can keep the community safe. The defendant is given an opportunity to rebut or overcome the presumption, but he does not get a full-blown trial. It's up to the judge to decide whether to revoke bail completely or impose new or additional conditions of release.

What happens when a bail bond is revoked?

When a defendant's bail is revoked, the court's next step is to forfeit the bail bond. In other words, any money or property put up to secure the defendant's release is turned over to the court. In most states, procedures for bond forfeiture are set by law. An entry of a forfeiture order is usually mandatory.

What does the media cover when you are in jail?

Media often covers overcrowding issues, violence , and prison riots, but it doesn’t usually cover the despair and desperation inmates may feel while serving their sentence in public or private facilities. When you were imprisoned, you lost your freedom, but not your constitutional rights.

What is the class lawsuit against Steven Floyd?

A class lawsuit has been filed on behalf of inmates who were not charged in the 2017 riot that claimed the life of Officer Steven Floyd. Georgia – Lawsuit claims corrections officials approved of and encouraged sadistic abuse of inmates to cause pain and injury.

What happened to the Utah Department of Corrections?

Utah – Four inmates file a lawsuit against Utah Department of Corrections alleging they were attacked by police dogs and shocked with tasers while detained in the Daggett County Jail. The sheriff and various deputies involved in the abuse pleaded guilty to misconduct charges. The jail was ordered closed in 2017.

What happens if you die in prison?

If you are injured or killed while in detention due to the neglect or abuse by staff or other prisoners, the government may be held legally accountable and may be required to compensate you or your family for your injuries or wrongful death.

What is the number to call for a free & confidential case evaluation?

Call Now For a Free & Confidential Case Evaluation 866-287-5130.

Do inmates have rights?

Whether you are detained by law enforcement or incarcerated for violating state or federal laws, you have a constitutional right to: Yet, reports of inmates suffering personal injury and being denied their constitutional rights and rights violations by prison guards have been filed across the United States.

What is the responsibility of jail?

The jail can also be responsible for failing to prevent abuse by other inmates. Jails can be liable for not taking steps to prevent or stop acts of: rape, sexual assault, beating, violent crime, stabbing, gang fights, or.

How does due process protect prisoners?

Due process protects prisoners from the following kinds of prison abuse: stripping a prisoner’s good-time-work-time credits without a hearing, 8 or. extended periods of solitary confinement without a meaningful hearing. 9. A prisoner’s equal protection rights protect them from discrimination.

What is the 4th amendment?

The Fourth Amendment’s prohibition against unreasonable searches and seizures can protect inmates if the conduct served no other purpose than the abuse. Inmates can invoke their Fourth Amendment rights if: cell searches are used as a form of abuse, 6 or. prison guards strip search them excessively or in a group. 7.

What are the things that prison officials ignore?

prison officials ignore requests for medical care for medical conditions, 3. they are punched and kicked for no disciplinary reason, 4 or. a prison guard attempts to sexually assault or rape them. 5. Prison officials can abuse inmates by seizing them or searching them.

What are the remedies for a victimized inmate?

Those civil rights lawsuits can lead to 2 kinds of remedies for the victimized inmate: injunctive relief , and. monetary damages. Injunctive relief is easier to recover in a civil rights lawsuit. Lawsuits that pursue an injunction can get a court to order the prison to: reduce overcrowding,

Can prison officials target inmates for abuse?

Prison officials cannot target inmates for abuse because of their: race, gender, sexual orientation, religion, or. national origin. If prison abuse violates one of these rights, the victims can invoke their legal rights. They can pursue legal recourse. An inmate can invoke their rights and pursue legal recourse.

Do inmates have a right to health care?

All jail and prison inmates have a constitutionally-protected right to health care . California correctional institutions that show “deliberate indifference” to their population’s “serious medical needs” face civil right lawsuits demanding monetary damages and injunctive relief. Abuse of ... Civil Rights.

What is a prison bond?

This is also called a Prison Bond. These are also referred to as Contract Surety Bonds. The First, the Bid Bond, provides financial assurance that the bid has been submitted in good faith and that the contractor intends to enter into the contract at the price bid and provide the required performance and payment bonds.

Who buys bid bonds?

Bid Bonds are usually purchased by Brokerage Houses, and Insurance Companies. By legal definition all of your Federal and State “Statutes” are Bonds or Obligations of Record and are represented in the courtroom by the Recognizance Bond, which is a Bond of Record or Obligation for the Payment of Debt.

What is the Wall of Homeland Security?

Less than three weeks after September 11th, a New York Post story on the for-profit private prison industry stated, "America's new wall of homeland security is creating a big demand for cells to hold suspects and illegal aliens who might be rounded up.".

What is statute law?

A “Statute” is defined in BLACK’S LAW DICTIONARY, FOURTH EDITION REVISED as a kind of bond or obligation of record, being an abbreviation for “statute merchant” or “statute staple.”. Statute –merchant = is defined as a security for a debt acknowledged to be due, entered into before the chief magistrate ...

Does ALEC promote privatization?

ALEC, in turn, not only promotes privatization, but also brags of having helped enact "Truth In Sentencing" and "Three Strikes" laws in 25 states. In addition to investing heavily in groups like ALEC and the Reason Foundation, the industry spends millions on campaign contributions.

Is a charging instrument a debit or credit?

The debit side is the asset side. It’s all backwards since they went to no money. And so every charging instrument is a credit instrument.

Why do you notarize a signature outside the presence of an incarcerated signer?

A customer might ask you to notarize a signature outside the presence of an incarcerated signer, or request that you waive normal identification requirements because the inmate lacks access to a proper ID. Always remember that as a Notary, you have a responsibility to follow your state’s Notary laws.

What to do if notary wording is unclear?

If the notarial wording or instructions are unclear, the signer should contact the agency that issued the document for instructions. A Notary is not authorized to give advice to a signer as to what type of notarial act is needed as this would be unauthorized practice of law.

Can you notarize a signature in prison?

As long as the notarization meets all requirements of your state law, you may notarize the signature of a prison inmate. As mentioned in the article, some prisons and correctional facilities may have restrictions regarding Notaries interacting with prisoners, and prisoners do not always have access to acceptable ID.

Can a notary accept an inmate ID card?

Florida permits Notaries to accept an inmate ID card issued by the U.S. Department of Justice or Bureau of Federal Prisons for an inmate in custo dy, or an inmate identification card issued after January 1, 1991, by the Florida Department of Corrections for an inmate in the custody of that department. Florida also allows Notaries to accept ...

Do notaries have to meet with signers?

There are strict guidelines for Notaries to follow when entering a correctional facility to meet with a signer. Knowledge and preparation beforehand will save you time and avoid delays.

Can a Florida notary notarize a sworn statement?

Florida also allows Notari es to accept a sworn, written statement from a law enforcement officer as proof the inmate named in the document is the person whose signature is to be notarized. If the signer won’t have access to a driver’s license or other acceptable forms of identification, check in advance if the facility will allow the use ...

Can you hand a pen to an inmate?

For example, you may have a sheet of Plexiglas or another barrier between you. You might not be allowed to hand a pen or journal to the signer directly, but may be required to give them to a guard who will hand them to the inmate. You’ll want to protect the privacy of unrelated journal entries when you hand off the journal to the inmate to sign, ...

Who Grants Parole?

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What Do Parole Boards Consider When Deciding on Parole Requests?

Typical Parole Conditions

Questions For Your Attorney

What Happens During A Bond Hearing?

• During a bond hearing, the defense attorneys ask for their clients to be released, placing either their word or a dollar amount up as a bond. The lawyers will argue their case presenting evidence. The prosecution is present at the hearing and will agree with the request, deny it, or have an alternative proposal. The judge will then make a final dec...

See more on federalcharges.com

How Bail Is Set

During The Bail Hearing

Possible Bail Outcomes