Some individuals might not be familiar with the term bail, bail bondsman, or legal terms that surround the whole bail process as we are at Abet Bail Bonds.  As a courtesy we have dedicated a whole page to describing these terms.

   

   The word bail as a legal term means:

• Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial.
  • As a verb: to secure the release of an arrested person otherwise known to "bail" out.
• Release from imprisonment on payment of such money.

 As a noun: to release a person under such guarantee is to provide "bail". Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and also be guilty of the crime of failure to appear). In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. In some countries, including the US, granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary.

 Legislatures may also set out certain crimes to be unbailable, such as capital crimes.

 Forms of bail

 The form of bail varies from jurisdiction, but the common forms of bail include:

• Recognizance — a promise made by the accused to the court that he/she will attend all required judicial proceedings and will not engage in further illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless it is forfeited by the court; this is denominated an unsecured appearance bond.
• Surety — when a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount whether the defendant appears in court or not. The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail.

• Release on Conditions - many varied non-monetary conditions and restrictions on liberty can be imposed by a court to ensure that a person released into the community will appear in court and not commit any more crimes. Common examples include: mandatory calls to the police, surrendering passports, home detention, electronic monitoring, drug testing, alcohol counseling, surrendering firearms.
• Orders of Protection - one very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim. The former is a limited order, the latter a full order. Violation of the order can subject the defendant to automatic forfeiture of bail and further fine or imprisonment.
• Cash — typically "cash only," where the defendant must provide the amount of the bail to the court.
• Combinations* - courts often allow defendants to post cash bail or bond, and then impose further conditions, as mentioned above, in order to protect the community or ensure attendance.

 Bail may be forfeited, and the defendant remanded to jail, for failure to appear when required.

A bail bondsman is any person or corporation which will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court. Although banks, insurance companies and other similar institutions are usually the sureties on other types of contracts, for example, to bond a contractor who is under a contractual obligation to pay for the completion of a construction project, such entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail bond. Bail bondsmen, on the other hand, are usually in the business to cater exclusively to criminal defendants, often securing their customers' release in just a few hours.

Bail bondsmen are almost exclusively found in the United States, as in most other countries bail is usually more modest, and the practice of bounty hunting is illegal.

Bondsmen usually have a standing security agreement with local court officials, in which they agree to post an irrevocable "blanket" bond, which will pay the court if any defendant for whom the bondsman is responsible does not appear. The bondsman usually has an arrangement with a bank or another credit provider to draw on such security, even during hours when the bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court every time a new defendant is bailed out.

Bondsmen generally charge a fee of 10% of the total amount of the bail required in order to post a bond for the amount. This fee is not refundable and represents the bondsman's compensation for his or her services. As the practice of paying a 10% cash premium for a bond became widespread, some courts have recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a $10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit rather than using a bail bondsman.

For large bail amounts, bondsmen can generally obtain security against the assets of the defendant or persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home, the bondsman would charge $10,000 and take a mortgage against the house for the full penal sum of the bond.

If the defendant fails to appear in court, the bondsman is allowed by law and/or contractual arrangement to bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond, usually through the use of a bounty hunter. The bondsman is also allowed to sue the defendant for any money forfeited to the court should the defendant fail to appear.

In most jurisdictions, bondsmen have to be licensed to carry on business within the state. Several unusual organizations often provide bail bonds. For example, AAA (the American Automobile Association) offers a bail bond service to its members who are jailed for ordinary traffic offenses to prevent law enforcement officials from threatening lengthy remand periods before trial if the alleged offender does not plead guilty at arraignment.

Four states—Illinois, Kentucky, Oregon, and Wisconsin have completely banned commercial bail bonding, usually substituting the 10% cash deposit alternative described above. However, some of these states specifically allow AAA and similar organizations to continue providing bail bond services pursuant to insurance contracts or membership agreements.

   
   Below is a list of legal terms you may encounter while going through the whole bail bond process.

AKA: "Also known as". Used to list aliases or another name, or another spelling of a name used by a person.

Acknowledgement: The signature of a clerk or attorney certifying that the person filing the document has sworn that the contents are true, and/or that the document is signed by his or her free act and deed.

Adjournment: Postponement of a court session until another time or place.

Adjudication:A decision or sentence imposed by a judge.

Adult Court Transfer: The transfer of juveniles who are at least fourteen years old to regular criminal dockets in Geographical Area or Judicial District courts. Also involves the transfer from a JuvenileDetentionCenter to the State Department of Correction.

Adult Probation: A legal status applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period of time set by the court.

Affidavit: A written statement made under oath.

Alternative Sanctions:  Criminal punishment that is less restrictive thanincarceration.

Appeal: Asking a higher court to review the decision or sentence of a trial court because the lower court made an error.

Appeal Bond: Money paid to the court while taking an appeal to cover costs and damages to the other party, if the appeal is not successful.

Appearance: The official  form filed with the court clerk which tells the court that you are representing yourself in a lawsuit or criminal case or that an attorney is representing you. All court notices and calendars will be mailed to the address listed on the form. When a defendant in a civil case files an appearance, the person is submitting to the court’s jurisdiction.

Arraignment: The first court appearance of a person accused of a crime. The person is advised of his or her rights by a judge and may respond to the criminal charges by entering a plea. Usually happens the morning after a person is arrested.

Arrest: When a person is taken into custody by a police officer and charged with a crime.

Bail: Also called Bond. Money or property given to the court for the temporary release of a defendant, to ensure that the defendant will return to court.

Bail Bondsperson: A person who lends money to a defendant to pay for bail.

Bail Commissioner: A state-appointed person who may set the amount of bond for persons detained at a police station prior to arraignment in court, and who recommends to the court the amount of bond that should be set for the defendant on each criminal case.

Bench Warrant: Court papers issued by the judge, "from the bench," for the arrest of a person.

Bond: Also called bail. Money or property given to the court for the temporary release of a defendant, to ensure that the defendant will return to court. There are two kinds of bonds:

Non-financial bonds:Non-surety bond where the defendant's signature alone guarantees the amount of bond and the defendant is not required to post any property or retain the services of a professional bail bondsperson as collateral) Promise to appear.

Surety bond:The court requires cash, real estate or a professional bail bondpersons signature as collateral before releasing the defendant back into the community. (The court may allow the defendant to post ten percent of the bond in cash to secure his or her release.)

Bond Forfeiture (calling the Bond): If the defendant fails to appear in court as scheduled, the judge may order the bond forfeited (paid to the state) and the defendant rearrested.

Bond Review: A hearing for a judge to decide if the defendant’s bond amount needs to be changed.

Bondsman: A surety; one who has put up cash or property as collateral before a defendant may be released.

Capias Mittimus: A civil arrest warrant used to get a person physically into court to respond to a specific case or claim.

Capital Felony: A criminal offense in which the death penalty may be imposed (C.G.S. '53a-54b).

Case: A lawsuit or action in a court.

Charge: Formal accusation of a crime.

Common Law: Laws that develop through case decisions by judges. Not enacted by legislative bodies.

Community Service: Work that convicted defendants are required to perform in order to repay the community for the harm caused to the community by the crime.

Complaint: A legal document that tells the court what you want, and is served with a summons on the defendant to begin the case.

Conditional Discharge: A disposition, in criminal cases, where the defendant must satisfy certain court-ordered conditions instead of a prison term.

Contempt of Court: A finding that someone disobeyed a court order. Can also mean disrupting court, for example, by being loud or disrespectful in court.

Continuance: The adjournment or postponement of a court case to another day.

Continuance Date: Date on which the case will next be heard in court.

Conviction: To be found guilty of committing a crime.

Court-Appointed Attorney: An attorney who is asked by the court (judge) to either represent a party to the case, or to serve in some other capacity that the case requires.

Court Clerk: The person who maintains the official court record of your case. The court clerks’ office receives all court papers and assigns hearing dates.

Court Trial: Trial by a judge, rather than by a jury.

Defendant: In civil cases, the person who is given court papers, also called a respondent. In criminal cases, the person who is arrested and charged with a crime..

Deposition: Testimony of a witness taken, under oath, in response to another parties question. Testimony given outside the courtroom, usually in a lawyers office. A word for word account (transcript) is made of the testimony.

Discovery: A formal request by one party in a lawsuit to disclose information or facts known by other parties or witnesses.

Dismissal: A judge's decision to end the case.

Dismissal Without Prejudice: A judges decision to end the case which permits the complainant or prosecutor to renew the case later. In contrast, dismissal "with prejudice" prevents the complainant or prosecutor to bring or maintain the same claim or action again.

Dispose: Ending a legal case or a judicial proceeding.

Disposition: The manner in which a case is settled or resolved.

Docket: A list of cases scheduled to be heard in court on a specific day or week.

Docket Number: A unique number the court clerk assigns to a case. It must be used on all future papers filed in the court case. Each docket number starts with two letters that tell the type of case. CI = criminal infraction; CR = criminal case; CV = civil case; FA = family case; MI = motor vehicle infraction; MV= motor vehicle case; SC = small claims.

Drug Court: A Special Session of the Superior Court that is responsible for hearing cases involving charges of drug offenses.

Electronic Monitoring: An electronic system that provides the Probation Officer or Bail Commissioner a report about whether the offender has left home during the time when the offender was required to remain at his or her home.

Emancipated Minor: A person under the legal majority age of 18 who is granted most rights and legal privileges of an adult (C.G.S.§46b-150, et seq.).

Emancipation: The release of a youth from the legal authority and control of her/her parents and the corresponding release of the youth’s parents from their obligations to the youth.

Evidence: Testimony, documents or objects presented at a trial to prove a fact.

Execution Suspended: A prison sentence that is suspended in whole or in part provided certain conditions of probation or conditional discharge are met by the defendant.

Failure to Appear: In a civil case, failing to file an Appearance form. In a criminal case, failing to come to court for a scheduled hearing.

Felony: Any criminal offense for which a person may be sentenced to a term of imprisonment of more than of one year.

Felony Murder: A murder committed while the person is also committing a felony.

Filing:  Giving the court clerk legal papers which become part of the case file.

Finding: The court’s or jury’s decision on issues of fact.

Habeas Corpus: A court order used to bring a person physically before a court in order to test the legality of the person's detention. Usually, it is directed to the official or person detaining another, commanding him to bring the person to court for the judge to determine if that person has been denied liberty without due process of law.

Hung Jury: A jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict.

Incarceration: Confinement to a state correctional institute or prison.

Information (the): In a criminal case, the formal court document in the clerk's file, which contains the charges, dates of offenses, bond status, continuance dates and disposition.

Infraction: A case where the fine may be paid by mail and usually the person does not have to appear or come to court. For example, a speeding ticket.

Injunction: A court order to stop doing or to start doing a specific act.

Judge: A person who hears and decides cases for the courts. Appointed by the governor for a term of eight years and confirmed by the General Assembly.

Judgment: A court decision. Also called a decree or an order.

Judgment File: A permanent court record of the court’s final disposition of the case.

Jurisdiction: Power and authority of a court to hear and make a judgment in a case.

Juror: Member of a jury.

Jury Charge: The judge's formal instructions on the law to the jury before it begins deliberations.

Jury Instructions: Directions given by the judge to the jury concerning the law of the case.

Juvenile Court: Also called Superior Court for Juvenile Matters. A special division of the Superior Court designated to hear all cases concerning uncared for, dependent children and youth and delinquents. All juvenile court proceedings and case records are confidential and are not public information.

Juvenile Delinquent: A person under the age of 16 who commits a criminal act.

Law Librarian: Court staff who maintain legal reference and research materials for public use.

Lien: A charge, hold, or claim upon property of another as security for a debt.

Litigant: A party to a case.

Minor: A person under age 18, the age of legal majority.

Misdemeanor: A crime that carries a maximum penalty of one year and/or a $2,000 fine.

Mittimus Judgment: Also called a Mitt. The formal document prepared by the court clerk to present a convicted defendant in a criminal case to the Department of Correction for incarceration.

Modification: Request to change a prior order. Usually requires showing a change in circumstances since the date of the prior order.

Motion: Usually written request to the court in a case. Filed with the clerk’s office.

Movant: The person who filed the motion, or request, to the court.

Moving Party: The person making the request to the court in a case.

Ne Exeat: A legal paper requesting that a person be required to remain within the jurisdiction of the court (either through incarceration or posting of a bond.)

No Contact Order: A court order that prohibits contact by a defendant with a victim; can be ordered by a judge, a bail commissioner, a probation officer or a parole officer.

Nolle: Short for nollo prosequi, which means "no prosecution". A disposition of a criminal or motor vehicle case where the prosecutor agrees to drop the case against the defendant but keeps the right to reopen the case and prosecute at any time during the next thirteen months. The nolle is entered on the court record and the defendant is released from custody. If the defendant stays out of trouble during the thirteen months, the case is removed from the official court records.

Nolo Contendere: It means "no contest". A plea in a criminal case that allows the defendant to be convicted without admitting guilt for the crime charged. Although a finding of guilty is entered on the criminal court record; the defendant can deny the charges in a civil action based on the same acts.

No Contest: A plea in a criminal case that allows the defendant to be convicted without admitting guilt for the crime charged. Also called nolo contendre. Although a finding of guilty is entered on the criminal court record, the defendant can deny the charges in a civil action based on the same acts.

Non-Suit: Vacating a case by the court, usually for failure to prosecute.Notarize: To formally complete a document by acknowledgement or oath.

Office of Adult Probation: A division within the Judicial Branch. The primary responsibilities of the Office of Adult Probation are to supervise persons placed on probation, to conduct investigations for the court to provide background information on convicted offenders and to conduct eligibility investigations for special programs.

Order: A written direction of a court or judge to do or refrain from doing certain acts.

Order to Detain: An order signed by a judge of the Superior Court authorizing admission of a juvenile to a JuvenileDetentionCenter, pending a hearing on the next business day.

Parole: Release from incarceration after serving part of a sentence.

Parties: The people or legal entities that are named as plaintiff(s) and defendant(s) on legal papers.

Party: A person or legal entity that is named as a plaintiff or defendant on legal papers.

Perjury: Making false statements under oath.

Plaintiff: The person who sues or starts a civil case, also called the petitioner or the complainant.

Plea: An accused persons answer to a criminal charge. For example: not guilty; guilty; no contest.

Plea Bargain: The agreement a defendant makes with the prosecutor to avoid a trial. Usually involves pleading guilty to lesser charges in exchange for a lighter sentence.

Pleadings: The court documents filed with the court by the parties in a civil or criminal case. For example: motion to dismiss; motion for modification.

Posting Bond: To pay the court ordered bond amount with cash or property.

Pre-Sentence Investigation: Also called PSI. A background investigation conducted by a probation officer on a person who has been convicted of a criminal offense.

Pretrial: In a civil case, a conference with a judge or trial referee to discuss discovery and settlement. In a criminal case, a conference with the prosecutor, defense attorney and judge to discuss the case status and what will happen next.

Pretrial Hearing: Conference with attorneys to determine scope of possible trial with view toward resolving issues through agreement.

Probable Cause Hearing: A hearing held before a judge in criminal cases to determine if enough evidence exists to prosecute. The probable cause hearing must be conducted within 60 days of the filing of the complaint or information in Superior Court, unless the accused person waives the time or the court grants an extension based on good cause.

Probation: When a convicted offender receives a suspended term of incarceration and is then supervised by a probation officer for a period of time set by a judge.

Probation Absconder: A person under probation supervision whose location is unknown, in violation of the conditions of their probation.

Pro Se: A Latin phrase meaning for "yourself"--representing yourself in any kind of case.

Prosecute: To carry on a case or judicial proceeding. To proceed against a person criminally.

Prosecutor: Also called the state's attorney. Represents the state in a criminal case against a defendant.

Public Defender: An attorney appointed and paid by the state who defends a person in a criminal case after the court finds that the person is indigent--financially unable to hire a private attorney.

Record: The pleadings, the exhibits and the transcript made by the court reporter of all proceedings in a trial.

Referee: Judges who reach the mandatory retirement age of 70 may be designated as Judge Trial Referees by the Chief Justice and can hear and decide certain types of cases.

Restraining Order: A civil court order to protect a family or household member from physical abuse.

Return Date: The date on which the 90-day waiting period for a divorce begins. Also, the date by which the defendant should file an appearance. Nothing happens in court on the return date and no one needs to go to court on the return date. The return date is always a Tuesday in civil and family cases. In a summary process, eviction case the date is approximately 12 days from the date it was signed excluding legal holidays and Sundays.

Revocation Hearing: A hearing held before a judge to determine whether or not a person has violated the conditions of probation. If there is a finding that a violation has occurred, the judge may impose all or part of the original sentence.

Rule to Show Cause: Summons compelling a person to appear in court on a specific date to answer to a request that certain orders be modified or vacated.

Sentences: The penalty imposed by a judge after the defendant is convicted of a crime. Sentences can be: Concurrent - Multiple sentences will be served at the same time (i.e., sentences of 10 years, 8 years and 2 years - to be served concurrently - equal a total effective sentence of 10 years.) Consecutive - The sentences are served back-to-back. The same example above would equal a total effective sentence of 20 years.

Sentencing: When a criminal defendant is brought before a judge after conviction for ordering the terms of the punishment.

Sentence Modification: A defendant’s written application to the sentencing judge or court to reduce the sentence at any time during the sentence. The judge conducts a hearing. If the original sentence was more than three years, the prosecutor must agree.

Sentence Review: A defendant’s written application to a three judge panel to review the sentence. Must be filed within 30 days after being sentenced with the court clerk. A review decision can increase or decrease the sentence.

States Attorney: An attorney who represents the state in criminal cases. The prosecutor.

Statute: A law enacted by a legislative body.

Subpoena: A command to appear in court to testify as a witness.

Testimony: Statements made by a witness or party under oath.

Time Served: A sentence of incarceration equal to the amount of time a defendant has already spent in state custody waiting for disposition of the case.

Title: Legal recognition of the ownership of property, usually proven by a document.

Transcript: The official written record of everything that was said at a court proceeding, a hearing, or a deposition.

Unconditional Discharge: A sentence in a criminal case in which the defendant is released with without imprisonment, probation supervision or conditions.

Vacate: To cancel or rescind a court order.

Venue: The court location.

Violation: An offense for which the only sentence authorized is a fine.

Violation of Probation: Action or inaction that disobeys a condition of probation.

Witness: A person who testifies to what they saw, heard, observed or did.

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