an order of a court in a criminal case allowing an accused defendant to be freed
pending trial if he/she posts bail (deposits either cash or a bond) in an amount
set by the court. Theoretically the posting of bail is intended to guarantee the
appearance of the defendant in court when required. In minor routine cases (e. g.
petty theft or drunk driving) a judge automatically sets bail based on a rate schedule
which can be obtained and put up quickly. Otherwise bail is set at the first court
appearance (arraignment). Although the U. S. Constitution guarantees the right to
bail, in extreme cases (murder, treason, mayhem) the court is not required to admit
a prisoner to bail of any amount due to the likelihood of the defendent fleeing
the area, or causing further harm. Bail bondsmen are usually readily available near
larger courthouses and jails, charge ten percent of the amount of the court-required
bond, and often demand collateral for the amount posted. If the defendant fails
to show up in court or flees ("jumps bail"), the defendant may have to give up his/her
deposit (bail). When the case is concluded, the bail is "exonerated" (released)
and returned to the bail bond company or to whoever put up the cash. If a bail bondsman
has good reason to believe his client is attempting to flee he may bring him/her
in to jail, revoke the bond, and surrender the client.
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