The purpose of bail is to ensure that those charged with a crime fall under the terms of a specific legal process. The defendants, who are released on bail, are controlled by this measure. At a later stage in the proceedings, the judges can then judge whether or not the accused adhered to the requirements.
We can locate bail somewhere on the scale between total freedom and imprisonment. Lawyers understand this concept to be a personal precaution.
We remember that you can only be released on bail if you accept certain conditions (mandatory registration, travel ban).
Why is someone released on bail?
As we said earlier, bail is a security deposit. Judges will give bail when there is reasonable assurance that the accused has committed the crime in question. So that judges can monitor the accused before and even during the main hearing, they order certain measures. For example, the defendants are temporarily taken into custody. This is also called pre-trial detention. Usually the personal freedom and freedom of movement of the accused are severely restricted.
However, it is not always necessary to take such serious action. If judges believe that an escape is unlikely, they will agree on other measures. Another reason for a security deposit is to avoid further unnecessarily costly options, such as pre-trial detention.
Judges make their decisions based on the specific situation at hand. For example, foreign detainees are very unlikely to be given bail. Especially because the risk of escaping or of “diving down” is greater.
The legal aspects and the purpose
The framework legislation regarding deposit payments can vary from country to country. Usually, however, the processes are similar.
The main characteristics of the granting of a deposit are:
- Instrumental. There is a connection between the crime and the accused. The deposit therefore serves as a preventive measure.
- Temporary and changeable. This is due to the fact that changes can occur and judges can order alternative measures at any time during the process.
- Judicial competence. Only judges can make decisions about which precautionary measures are to be taken.
- Temporary nature. Temporary because the bond issue is changed or terminated if the actions for which it was suspended change.
This last point is particularly important. Because judges have to set defendants free if they prove innocent. This concludes the precautionary measures.
Conditions for granting the deposit
When bail is required, courts in the United States may require a bail payment or a bail bond. Judges decide based on the nature and gravity of the crime, the status of the accused and their personal circumstances. Courts can also withhold a defendant’s passport or driver’s license.
In certain situations, the defendants must appear before the judge at regular intervals. This control measure can order a court and decide how often the accused have to appear.
Courts also have the power to seize personal property or personal effects. It is important to note that this measure is not a precaution in itself, even if it is for preventive purposes.