Dictionary of Law
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bail :: legal definition


Bail - 1) n. the money or bond put up to secure the release of a person who has been charged with a crime. For minor crimes bail is usually set by a schedule which will show the amount to be paid before any court appearance (arraignment). For more serious crimes the amount of bail is set by the judge at the suspect's first court appearance. The theory is that bail guarantees the appearance of the defendant in court when required. While the Constitution guarantees the right to reasonable bail, a court may deny bail in cases charging murder or treason, or when there is a danger that the defendant will flee or commit mayhem. In some traffic matters the defendant may forfeit the bail by non-appearance since the bail is equivalent to the fine. 2) v. to post money or bond to secure an accused defendant's release. This is generally called "bailing out" a prisoner.

See also: bail bond bail bondsman own recognizance and Related Law Terms ↓


Related Law Terms

admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bondsman :: n. 1) someone who sells bail bonds. 2) a surety (g ... also: bail bond bail bondsman bond
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
summons :: n. a document issued by the court at the time a la ... use service service of process writ
usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - B

Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor
back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing.
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest.
balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys.