Talk:Bail

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Anyone have more info on what the current US bail laws are? All that's in the article is just a legal citation. Anyone have a copy of the USC onhand? Thanx 68.39.174.150 20:27, 26 Apr 2005 (UTC)

What about Canada?--Sonjaaa 17:37, 1 February 2006 (UTC)[reply]

Bond and Bail interchangable?!

I've been hearing on my local NBC news station, the terms Bond and Bail used interchangably. Is this correct? A direct quote: "..the judge set bond at $300." That does not sound correct to me. Wouldn't the judge set bail, and then the accused would pay a bondsman? Just as the artcile states?

This is something that has been bothering me for a long time. If it turns out bail and bond CAN be used interchangably, we should probly add a section about that to this article. --Quasar 14:02, 7 April 2006 (UTC)[reply]

--218.248.1.74 05:19, 7 September 2006 (UTC) Bail and bond are not interchangebly used.Bond is a precondition for Bail , Bail is an legal act of releasing an accused while Bond is a surety which the accused indirectly pledges to the court of law. Arif[reply]

--- So could you say, "The bail is my bond." But not say, "All forms of bond are bail." If my understand is correct there are many things that could constitute a 'bond' to appear in court, and one of those would be bail. Is that correct? 216.228.250.254 22:03, 12 January 2007 (UTC)Daniel[reply]

It would be nice if the article would explain the difference. Prometheus^-X303- 16:42, 19 January 2007 (UTC)[reply]

This topic was a while ago, but I think it depends on the jurisdiction. I know bond to refer specifically to surety specifically. If a judge sets bail without restriction, then it can be paid by "cash" (though possibly by any means that certainly supplies money, not currency per se) or by bond, that is, surety. If the judge specifies "cash only", then surety is not allowed. So in that since, setting bail is the requisite for posting a bond, but not all defendants are permitted to obtain a bond. IMHO (talk) 00:17, 17 July 2008 (UTC)[reply]

Recognizance

The definition for recognizance says that "Recognizance [is] 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."

Since the accused hasn't, by this stage, been found to have engaged in any illegal activity is it correct that the definition prohibits the accused from committing further illegal activity?

Ironcorona (talk) 18:01, 16 December 2007 (UTC)[reply]

It is incorrect according to the Bail Reform Act of 1984 in the US(as amended in 1996) 18 U.S.C. sec. 3142(b).

Release on personal recognizance or unsecured appearance bond. The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release, unless the udicial officer determines that such release will not reasonably assure the appearance of th person as required or will endanger the safety of any other person or the community.

The absence of citations is a clue to any wikipedia law article that the information contained therein may not necessarily comport with the actual law. Of course the presumption of innocence may not exist in some jurisdictions using a bail system, but in US jurisdictions it is retained. Legis Nuntius (talk) 18:41, 7 January 2008 (UTC)[reply]

Bail set by county not state

The sentence: "Some states have very strict guidelines for judges to follow, with a published bail schedule.[9]" with the link to LA bail schedule misleadingly suggests that CA has uniform bail rates from one city to the next. This appears to be false e.g. San Bernardino County sets different rates. (I do not know what is the true statement).