Bail Terms You Might Not Know
Here’s a compilation of a few terms, (and the meanings of these terms,) you might hear if you’re applying for bail.
Bail-Point Scale-
Bail-point scale refers to a system for determining a criminal defendant’s eligibility for bail. Under a bail-point scale, a defendant either will be released on personal recognizance, or have a bail amount set. (According to the total number of points given.) However, a bail-point scale is given based on the defendant’s background and behavior.
Bail Forfeiture-
Bail forfeiture refers to an order issued by a court demanding a surety to pay the amount pledged as security, for the reason that the accused failed to fulfill the requirements contained in a bail bond. The amount that is paid by the surety under bail forfeiture will be transferred to the court in whose jurisdiction the laws are violated.
Bail forfeiture occurs when a court appearance is missed. Generally an accused arrested for most misdemeanor and non-violent crimes can be released on bail pending case, if s/he furnishes security for his/her release. The security is originally a guarantee for his/her appearance before the court on future dates. In case the accused fails to appear before court the bail will be forfeited and the security will be released to the possession of the court without the possibility of repayment.
Bail Piece-
Bail piece refers to a document recording the nature of the bail which is granted to a defendant in a civil action. Generally, a bail piece is filed with a court. It is usually signed by the defendant’s sureties. A bail piece is not simply an authority for arrest, but is considered a evidence of the relationship between the parties.
A bail piece is an instrument whereby, the bail have a right to demand of the officer taking the recognizance, stating that the principal is delivered to the bail. It is the evidence of their right to his/her custody; it is delivered to them, and not filed in court, unless upon a surrender of the principal. i.e.[Elliott v. Dudley, 8 Mich. 62, 65 (Mich. 1860)].
Bail Skipping/Bail Jumpers-
People are released on bail with the understanding that they will attend court on an appointed date to face trial. Bail skipping is a practice in which an offender released on bail fails to appear at the court specified place and time without any lawful excuse. Such practice is often resorted to in an attempt to avoid trial and conviction. Bail skipping is also known as bail jumping. An arrest warrant is issued in the name of an offender who skips bail.
In cases where an offender released on bail fails to show up for a court appearance, the judge can issue a warrant for the bail jumper’s arrest. Some jurisdictions allow bail bondsmen to hire bounty hunters in the event of a bail jumping. Bounty hunters trace bail skippers and bring them in on the warrant in exchange for a fee.
Fugitive Recovery-
The bail fugitive recovery person refers to a person who tracks down criminal defendants who fail to show up in court after a bond company has posted their bail. S/he has written authorization by a bail agent, surety to arrest a fugitive. S/he is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to appropriate authorities, or any person employed to assist in the arrest of such a fugitive.