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Chapter #5: Pre-Trial Proceedures

Chapter #5: Pre-Trial Proceedures. Bail. Definition. Something of value used to insure return for trial. 234-520: Bail before Verdict. 1. Must be set in all cases when allowed 2. If denied, must be stated why in writing 3. Can be posted any time of day or night.

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Chapter #5: Pre-Trial Proceedures

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  1. Chapter #5: Pre-Trial Proceedures Bail

  2. Definition Something of value used to insure return for trial

  3. 234-520: Bail before Verdict • 1. Must be set in all cases when allowed • 2. If denied, must be stated why in writing • 3. Can be posted any time of day or night

  4. 234-521: Bail after finding of Guilty • Capital sentence or life in prison: bail denied • Otherwise entitled to bail

  5. 234 - 523: Release Criteria • 1. Nature of offense – aggra-vating and mitigating circum-stances • 2. Employment status • 3. Family relationships • 4. Residences – past and present

  6. 523: Release Criteria • 5. Personal data: age, reputa-tion, medical / mental health, abuses of drugs / alcohol • 6. Criminal history • 7. Previous bail history • 8. Any additional history • #9. History of false ID

  7. 524: Types of Bail • 1. ROR: only signature no money set • 2. Non-Monetary Condition - exp: stay away from victim • 3. Unsecured Bail: money set if defendant fails to appear

  8. 524: Types of Bail • 4. Nominal Bail: very low sum like one dollar • 5. Monetary Condition: exp. 10%

  9. 524: Bail • Other items of value that can be used for bail besides cash: • property - assessed • portfolios • antiques • anything of value

  10. 234 rule 526. Conditions of bail bond • 1. Appear for all court appearances • 2. Obey all rules set for defendant • 3. 48 hours to report change of address to all interested parties • 4. Do not intimidate witnesses • 5. Refrain from criminal activity

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