#1
Please explain what is the idea behind the bailing thing? You can like murder someone on the street and pay $30,000 to walk away from your local police station. I understand that the case does not end there but what is the point behind this thing? What good comes from it? Thanks Hank
#2
uhm... the country where it's payed gets a shitton of money?
Also it's a chance for someone who's taken to prison to sort his life, pay bills, talk about it to relatives. shit like that.
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#3
Dunno in America, but in Australia (or at least Victoria, where I work in the Court system), it's called 'Surety', where a third party (i.e. Not the Defendant) puts up some form of collateral to have someone released from custody, it can be cash, real estate, or some other property with value.

Basically it works as an incentive for an accused person to attend their court date, and if they don't attend, the surety loses their money/property, and the defendant usually gets sued.

My view on how it works is like some big guilt trip, whereby it's assumed that someone will not want to get themselves into further trouble my losing a friend or relatives money/property, so they have a bigger incentive to attend at court.

uhm... the country where it's payed gets a shitton of money?


Not necessarily, in most places that have this sort of system, the money gets held in Trust until the case is finalised, or an order is made by the court forfeiting it. If it's forfeited, then the country it's paid to gets to keep it.
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#5
Innocent until proven guilty, it's their right to freedom I guess. And you get the bail money back as long as the accused shows up for court.
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#6
Quote by macaroni
Innocent until proven guilty, it's their right to freedom I guess. And you get the bail money back as long as the accused shows up for court.


Yeah, pretty much. I might add, sureties are actually pretty rare, and generally only get used for people with a history of failing to appear at court. They're a pain in the rear to process though.
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#7
Quote by macaroni
And you get the bail money back as long as the accused shows up for court.


Wait, really? Is that just an Aus thing?
#8
Bail isn't actually a payment. It's collateral to ensure that you don't flee. When they say "the bail is $50,000" that just means that you have to put up the equivalent amount in cash/property/etc and if you don't appear at your court date, they take whatever you put up for bail.
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#10
Today I learned the intricacies of bail.

Cool.

Though I've never heard of it being implemented on murder-level cases.
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#11
Quote by StewieSwan
Bail isn't actually a payment. It's collateral to ensure that you don't flee. When they say "the bail is $50,000" that just means that you have to put up the equivalent amount in cash/property/etc and if you don't appear at your court date, they take whatever you put up for bail.


In the US at least, It's usually only granted if the suspect is not considered a flight risk. If they think you will run, the judge usually won't grant a bail or bond.
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#12
I had no idea you get your bail money back. So if your bail is $500,000, they give you that back?
#13
That's very black/white TS.

I'm sure that if you killed a person without remorse you won't get bail.

I mean if you kill someone while being drunk causing a car crash or so, then as bad as that is, it's situational and you are most likely not "out there to kill people", so I think a bail should suffice.

At least that's how I think it should be.. I don't know if this is 100% the case. It really is a decision made by a judge based on history, statistically likelihood he would flee/repeat and off course the intuition of the judge based on his/her experience.

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#14
Quote by Hardlycore
I had no idea you get your bail money back. So if your bail is $500,000, they give you that back?

Theoretically, but its not really that simple.

If the judge gives you a small bail you can pay it and if you are not guilty you will get most of it back. If you can't afford the bail you can go to a bond agency and get out for about 1/10 of the bail, as long as you sign a bunch of paperwork saying you won't run. You don't get your money back from a bond agency, though.

When they set larger bails they start requiring property bonds, which are also usually less than the stated bail. And for high flight risks you can't even put up your own money or stuff, a friend or family member has to be able to pay or put up a house, if you get bail at all.
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#15
usually if the bond is set at something like $500,000 you only have to pay a percentage of that too, im pretty sure anyway. itd still be expensive but yea.

idk if the judge necessarily has to set a bond either, probably depending on the crime and all that.
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#16
another intricacy of bonds is that they can be used to pay for fines, and usually are. i know someone who had a 1 mil bond, his family put up 100k to bail him out, and it all got seized, including some of his family members' 401k