...Kevin Hudson 3-29-2011 Prof. Kuennen Review of Bail Bond System To begin the process of bail, first there must be a suspect, an arrest, a police report filled out, and charges filed against the suspect. From here, there are five possible release options: own recognizance, property bond, cash bond, surety bond, and citation release. In the following paragraphs, I will present each of these topics and show how they are typically used. The most commonly used form of release from jail, until the court date, is own recognizance (O.R.) This program is used through the county or the specific law enforcement managed pre-trial program. In order to determine whether a suspect can be released by the own recognizance, a staff member of the program will ensure an interview takes place with the individual while in jail. If the staff member deems the suspect capable of being released on their own, they will make a recommendation to the court for the release of the suspect. Own recognizance is a base of trust on the suspect, as it holds no financial security to insure that the suspect returns under his/her own power. When using a property bond to post bail with somebody, the courts must place and record a lien on a property with a high enough value to cover the cost of the bond. It is very similar to using their property as collateral using the terms in the paperwork they must submit prior to the release of the suspect. If the suspect were to skip court/fail to appear at their previously...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...CONDITIONS OF BAIL ( IN DRIVING WHILE INTOXICATED CASES AND OTHER OFFENSES) BY JUDGE SCOTT E. KURTH INTRODUCTION The following article, while certainly not exhaustive, is intended to acquaint Texas Municipal Judges and Justices of the Peace with the constitutional provisions, statutes and case law applicable to: 1. a defendant’s right to bail; and 2. setting the conditions of bail, with a particular emphasis on the conditions of 3. bail in cases where the defendant is charged with the offense of Driving While Intoxicated. See generally Penal Code §49.04. CONSTITUTIONAL RIGHT TO BAIL AND ITS IMPORTANCE Articles I § II of the Texas Constitution provides that all prisoners are “bailable”[1] pending trial, unless charged with a capital offense.[2] The primary purpose of an appearance bond is to secure the presence of the defendant in court for the trial of the offense charged. Ex parte Rodriguez, 595 S.W.2d 549, 550 (Tex. Crim. App. [Panel Op.] 1980]. The United States Supreme Court in Stack Vs. Boyle, 342 U.S. 1, 96 L. Ed. 3, 72 S. Ct 1 (1951) stated: “The right to release before trial is conditioned upon accused’s giving adequate assurance that he will stand trial and submit to sentence if found guilty. Like the ancient practice of securing oaths of responsible persons to stand as sureties for the accused, the modern practice of requiring a bail bond or the deposit of money...
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...20. People v. Relova Facts: 5 Feb 1, 1975 - Police searched the ice plant owned by Opulencia; they discovered electric wiring, devices and contraptions had been installed without necessary authority from city govt 6 Nov 24, 1975 - Asst. City Fixcal filed info against Opulencia for violation of a city ordinance which prohibits unauthorized wiring installations. 7 Opulencia pleaded not guilty and filed motion to dismiss on the ground that the crime had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act...
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...Sea Shepherd The organization was founded in 1977 under the name Earth Force Society by Paul Watson, a former member of Greenpeace, after a dispute with that organization over what Watson saw as its lack of more aggressive intervention. Sea Shepherd Conservation Society (SSCS) is an international non-profit, marine wildlife conservation organization. They want to end the destruction of habitat and slaughter of wildlife in the world's oceans in order to conserve and protect ecosystems and species. Sea Shepherd uses direct-action tactics to investigate, document, and take action when necessary to expose and confront illegal activities on the high seas. By safeguarding the biodiversity of the delicately-balanced ocean ecosystems, Sea Shepherd works to ensure their survival for future generations. 03/09/2012 “Japan's Fisheries Agency announced Friday from Tokyo that its fleet was heading home "on schedule," but that its catch of 267 whales fell far short of the approximately 900 projected, AFP reports. According to an agency official, "factors including weather conditions and sabotage acts by activists" were to blame for the weak results.” In testimony on "The Threat of Eco-Terrorism" given to the a US congressional subcommittee in 2002, Sea Shepherd was the first group mentioned by an FBI official for having attacked commercial fishing operations by cutting drift nets. Sea Shepherd has received support for its tactics against fishing, whaling, and seal hunting from quarters...
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...which accused caused fatal injury leaving room for consideration regarding common intention of other accused, such case called for further enquiry- * ---Assessment of evidence ---Principle---Deeper appreciation of record cannot be gone into at bail stage, but only its tentative Assessment is to be made just to find out as to whether the accused is, prima facie, connected with the commission of crime or not. * ---No final findings could be given regarding plea of alibi at bail stage, as same would require recording of evidence ---Tentative Assessment of such plea, could be made, if it was found that accused had succeeded in establishing an opposite version then the case of accused would become one of further inquiry and on that score, accused would become entitled to the concession of bail. * one of accused was shown as armed with dagger, while other with Kalashinikov---Injuries sustained by the complainant were blunt which could be the result of danda attributed to absconding accused---No role seemed of accused persons in causing blunt injuries---Had accused persons participated, there should have been a bullet injury or a lacerated wound. * it was still to be ascertained that as to whose shot hit the injured persons. * Bail could only be refused to an accused person, if sufficient material had been brought on record, showing reasonable ground to believe him guilty of an of fence punishable with...
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...COM CJS 220 V4 ENTIRE COURSE CJS 220 Attorney Client Confidentiality CJS 220 Capstone CJS 220 Due Process CJS 220 Final 1 CJS 220 Final 2 CJS 220 Final CJS 220 Law Opinion Paper CJS 220 Legal Defenses CJS 220 Structure Of Court Systems CJS 220 Week 1 Checkpoint CJS 220 Week 1 DQ 1 CJS 220 Week 1 DQ 2 CJS 220 Week 2 Assignment CJS 220 Week 2 Checkpoint 1 CJS 220 Week 2 Checkpoint 2 CJS 220 Week 2 Checkpoint CJS 220 Week 3 DQ 1 CJS 220 Week 3 DQ 2 CJS 220 Week 4 Assignment CJS 220 Week 4 Prosecution Versus Defense Paper CJS 220 Week 5 Checkpoint CJS 220 Week 5 DQ 1 CJS 220 Week 5 DQ 2 CJS 220 Week 6 Assignment CJS 220 Week 6 Case Attrition CJS 220 Week 6 Criminal Justice Models Paper CJS 220 Week 7 Checkpoint The Bail System CJS 220 Week 7 DQ 1 CJS 220 Week 7 DQ 2 CJS 220 Week 8 Assignment CJS 220 Week 8 Checkpoint 1 CJS 220 Week 8 Checkpoint 2 CJS 220 Week 8 Juvenile Court Process CJS 220 Week 8 Punishment Philosophy Paper Activity mode aims to provide quality study notes and tutorials to the students of CJS 220 v4 ENTIRE COURSE in order to ace their studies. CJS 220 V4 ENTIRE COURSE To purchase this visit here: http://www.activitymode.com/product/cjs-220-v4-entire-course/ Contact us at: SUPPORT@ACTIVITYMODE.COM CJS 220 V4 ENTIRE COURSE CJS 220 Attorney Client Confidentiality CJS 220 Capstone CJS 220 Due Process CJS 220 Final 1 CJS 220 Final 2 CJS 220 Final CJS 220 Law Opinion Paper CJS 220 Legal Defenses CJS 220 Structure Of...
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...SUMMARY: ADELA (early 20’s) arrives in the Indian city of Chandrapore in the company of MRS MOORE, her fiancé RONNY’s elderly mother. Ronny, who is the City Magistrate and a prominent member of the tradition-bound British community, looks askance at the enthusiastic Adela’s curiosity about the local customs and people. She and Mrs Moore make friends with DR AZIZ, a handsome widower, and FIELDING, the outspoken principal of the British college. Aziz invites his new friends on a picnic expedition to view the famous Marabar caves in the hills outside the city. He goes to extravagant lengths to impress them, including the hiring of an elephant, but the day ends in chaos when Adela claims to have been assaulted in one of the caves by Dr Aziz. She is rushed back to Chandrapore as Aziz is arrested and thrown into jail to await trial. Certain that his friend is innocent, Fielding joins Aziz’s friends in an attempt to exonerate him but they are met with resistance at every turn by the irate British community, who close ranks around Adela. A strong case is built against Aziz and his defence becomes a rallying point for the burgeoning Independence Movement. Mrs Moore, who wants no part of the proceedings, leaves the city and dies in her railway carriage. With the future of the British Raj at stake, all eyes are on Chandrapore as the trial opens. As Adela is being led through the specifics of the fateful day, she backs down and refuses to name Aziz as her assailant, claiming that he is...
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...in the 1200s when bail was not money but an actual person. At that time in English history, a custodian was designated by the court to keep track of the accused and to present him at trial. If the custodian failed to present the accused, the custodian would be forced to stand trial in place of the accused. In 1679, a structured bail system was formed, and the British Parliament created and passed the Habeas Corpus Act which allowed defendants to be released on monetary bail. The United States Constitution later adopted the Habeas Corpus Act of the Eighth Amendment (ratified December 15, 1791), which prohibited the setting of excessive bail, and the Judiciary Act of 1789, which served to identify bailable offenses, but it is also the foundation of what we now know as the U.S. judicial court system. The U.S. Supreme Court case, Taylor v. Taintor, in 1873, gave bounty hunters the authority to act as agents of bail bondsmen. This court ruling also allowed bounty hunters a number of overarching rights, such as the right to pursue fugitives in other states and, if necessary, break into a fugitive’s house, without a warrant, for the purpose of returning them on revoked bonds. It wasn’t until the passage of the Bail Reform Act of 1966 that laws relating to bail really began to take their current shape. The Bail Reform Act of 1966 included verbiage that permitted prisoners to be released on as little bail as possible to ensure a return for trail. The subsequent Bail Reform Act of 1984...
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...Magistrates Revision Lay magistrates deal with the vast majority of criminal cases in the English Legal System. All criminal cases start in the Magistrates’ Court. Appointment of Lay magistrates There are approximately 29,000 Lay Magistrates in England and Wales. They are unpaid volunteers and they work part-time, but give a commitment to be able to sit as a magistrate at least 24 half-days a year. Lay Magistrates are appointed by the Secretary of State and Lord Chancellor on behalf of, and in the name of, The Queen. Qualifications and eligibility to be a magistrate Lay Magistrates require no special qualifications. The first requirement is to have the correct personal qualities and be able to commit the time and effort to being a magistrate: * To be of good character, including having personal integrity, keeping confidences and the respect and trust of others. * To have social awareness, including an appreciation and acceptance of the rule of Law, respect for people from different ethnic, cultural and social backgrounds, and an understanding of their local community. * Being of sound judgement. This requires the ability to think logically, to weigh arguments and come to a sound decision, as well as having an open mind, being objective and recognising and controlling prejudices. The second requirement is the willingness to take the Oath of Allegiance. British nationality is not required, although those who are in the process of seeking asylum cannot be appointed...
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...BAIL DISPARITY Racial disparity in the United States can be traced to the birth of the nation. The disparity is evident on a daily basis in our criminal justice system. In fairness to the United States, racial disparity is unique to no one country on the planet. The following information was gathered to answer the question about the bail system, “What can be done to prevent arbitrary and potentially prejudiced decisions from being made?” In order to answer that question I will cite information contained in the U.S. Constitution, United States Attorneys Manual, and documented research done in conjunction with the Federal Bureau of Investigations U.S. CONSTITUTION First, the Constitution of the United States says that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The wording allows judges and justices to interpret and apply this rule as they see fit. UNITED STATES ATTORNEY’S MANUAL The manual states that the United States Supreme Court has made clear this amendment to restrict the imposition of excessive bail without establishing a right to bail in criminal cases stating "the eighth amendment does not grant an absolute right to bail," United States v. Salerno, 481 U.S. 739, 754-55 (1987). The subject of bail and detention also entangles the Fourteenth Amendment's Due Process Clause, requiring that laws requiring pretrial detention must "serve a compelling governmental interest." In federal...
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...Book 4: Obligations & Contracts Title XIV. – COMPROMISES AND ARBITRATIONS CHAPTER 1 > COMPROMISES Art. 2028. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. (1809a) Art. 2029. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise. (n) Art. 2030. Every civil action or proceeding shall be suspended: (1) If willingness to discuss a possible compromise is expressed by one or both parties; or (2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer. The duration and terms of the suspension of the civil action or proceeding and similar matters shall be governed by such provisions of the rules of court as the Supreme Court shall promulgate. Said rules of court shall likewise provide for the appointment and duties of amicable compounders. (n) Art. 2031. The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for a compromise. (n) Art. 2032. The court’s approval is necessary in compromises entered into by guardians, parents, absentee’s representatives, and administrators or executors of decedent’s estates. (1810a) Art. 2033. Juridical persons may compromise only in the form and with the requisites which may be necessary to alienate their property. (1812a) Art. 2034. There may be a compromise...
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...Pretrial Detention Pretrial detention is when the government moves to hold a defendant without posting bail pending a trial. If someone is facing a third or fourth or fifth or more offense DUI for example or a serious felony that may have a use of force as an element of the case the government can move for detention. Another way to face detention if you have a pending case and you get arrested for a new case in that instance a prosecutor could move to have you detained while you're waiting for your trial. The third way is if you’re on probation and you are a rested or charged for a new offense this could result in your detention upon request by the probation department. If a detention motion is filed or a request is made in the court has to hold a hearing as to whether there are conditions of release that would adequately secure the safety of the community or whether you simply possess such a threat that you should be detained. Concept of Bail A bail bond is a type of an assured bond and it's a contract between the bail bond company the defendant and the courts. What the contract states is that the defendant will appear at a later time which is required by the court. Assuming that the defendants finalize is the matter in court the bondsman really won't be involved after the defendant is released from jail. Most people that bailout return to court with no problem; it's probably less than one percent fail to appear. Usually when someone fails to appear simply some kind...
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...recovery agents rather than bounty hunters. This is because when people hear bounty hunter, it tends to automatically make most think about negative things, or the first thing that comes to mind is something from the old days when people use to post dead or alive posters with an award on it. Some of the more accepted titles other than bounty hunter are bail bond recovery agent as mentioned before, bail officer, fugitive recovery officer, bail agent, bail enforcement agent, and fugitive recovery agent. Private investigators and bounty hunters have some of the same job duties in common which include, conducting interviews, performing surveillance, getting in contact with the subject, skip tracing which is when they track somebody to a current resident or location, and if a subject is located, some form of paperwork might be served. The private investigator could serve the individual legal papers and the bounty hunter could serve a warrant. The bounty hunter works with the bail bondsman in order to re-arrest the individual and place them in jail. This is usually because the bail bondsman’s client has not followed his or her bail contract. Usually the offense is when the individual fails to appear in court after promising to go. The first bounty hunter is Pat Garrett, and he is the one responsible for hunting down Billy the Kid. His motivation was duty and the five hundred dollar reward that was put out by New Mexico’s governor. Billy the kid murdered anywhere between nine...
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...understand. One of the most misunderstood aspects of this entire process is bail. From the amount of your bail to the process by which you post it, there are a number of details you'll need to understand if you're ever arrested and accused of criminal activity. Your ability to manage your affairs while you progress through the legal process depends on it. Bail--The Basics Bail, simply put, is the amount of money that you'll need to give the court in order for them to release you from their custody. This submission of money or property with a...
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