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Definitions (104)
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Introduction
The complicated nature of various terms and phrases relating to bail and pretrial release or detention can sometimes lead to confusion and misuse of those terms. That, in turn, may lead to unnecessary [..]
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adversary system
Black’s calls it “[a] procedural system, such as the Anglo American Legal System, involving active and unhindered parties contesting with each other to put forth a case before an independent decision [..]
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Affidavit
A voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths (Black’s). Among other things, affidavits are drafted to obtain search warr [..]
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Appearance Bond
see Bail Bond
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arraignment
A criminal proceeding at which the defendant is read the charge or charges and asked to enter a plea. The essence of the arraignment is the act of pleading (e.g., guilty, not guilty, no contest) to th [..]
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arrest warrant
see Warrant
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Bail
In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance. “Bail” is perhaps one [..]
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bail bond
An agreement between the defendant and the court, or between the defendant, the surety (commercial or noncommercial surety), and the court, originally designed primarily to assure the defendant’s appe [..]
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bail bondsman
Also known as a commercial or compensated surety, a bail bondsman is one who guarantees a defendant’s appearance for court by promising to pay a financial condition of bond if the defendant does not a [..]
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Bail Reform Act of 1984
The Act that amended the 1966 Bail Reform Act to include danger to the community, or public safety, as a consideration in the pretrial release and detention decision. The 1984 Act mandates “pretrial r [..]
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