What is a Civil Bail in Law Terms

Those who were in unfortunate situations where they find themselves in jail cells know what a bail is. After being processed (also known as being “booked”), the accused can post bail provided he/she was not arrested for the non-bailable offense. Bail, at its core, is a set amount of money that the person should pay to be released. In a minor offense, there is no need for bail, but rather, a signed citation which promises that the person will appear in his future court dates in connection with his / her offense.

The authorities’ number one concern is the defendant’s appearance in future court dates. Those who are arrested, processed, and released on their “own recognizance” (O.R.) do not need to pay bail since there is no bond posted. The defendant is released after being recorded in writing their promise to appear in court. 24 hour bail bonds Rancho Cucamonga give guarantee to defendants who are being charged with noncapital cases.

Bail is a process where a financial guarantee is set for the defendant to be released from police custody. Part of this process is the promise to appear in all scheduled criminal proceedings at a later date. If the defendant shows up in court dates, the bail amount shall be returned to the defendant. Otherwise, the defendant will be charged with further criminal charges on top of being called for an immediate arrest.

Bail is usually within the realms of criminal proceedings. However, bail may be imposed in civil cases, even though this happens very rarely. Most of the times, civil bail is used to either directly or indirectly secure payment of a debt or in cases that the money is needed to secure a performance of a civic duty. One of the few cases that civil bail is posted is to protect plaintiff’s interest when the defendant may conceal or dispose of his / her assets unlawfully to prevent payment to the former.

How does the bail magistrate calculate the set amount in civil bail? It is largely different compared to how it is done with criminal cases. For criminal cases, the bail magistrate must look at the accused’s criminal records, or if he or she is listed in the Board of Probation’s watchlist. The bail magistrate can assume whether or not the person is a flight risk. Previous criminal records will also illustrate if the accused had repeatedly defaulted in his or her court dates. Defaulting means that the accused failed to appear in his or her scheduled court dates.

In civil cases, the bail is set by the probable amount the defendant owes the plaintiff. This value may be a combination of damages, debt, or rightful ownership of an asset that was either disposed or concealed unlawfully by the defendant. The bail deposit in civil cases, in some situations, may also be used to pay the judgment to the plaintiff.