• November 6, 2023

What is the Difference Between Bail and Remand?

Difference Between Bail and Remand

Whether or not a suspect will be granted bail is decided upon by the courts. The court will assess the case and decide if they are a risk to themselves, other people or the community. They will also take into account the alleged offence and what the likely penalty will be if they are found guilty. They will then either grant the accused person bail or remand them into custody until they are ready to trial.

It is important to note that access to bail is a constitutional right available to all defendants in the United States and most other countries. However, the court may deny bail for certain reasons, such as if they feel that excessive conditions are placed on the defendant. These can include restrictions such as limiting contact with the victim, staying at a specified address and not associating with certain people.

A judge or justice will consider the alleged offender’s character, financial situation and past criminal record when deciding whether or not to allow them on bail bonds in San Diego. They will also look at their mental health and if they have any substance use issues. They will also consider the impact that the case could have on vulnerable or intimidated victims and witnesses and if there is evidence to suggest that they are a danger to themselves, others or the community.

What is the Difference Between Bail and Remand?

If the court feels that a suspect is a high risk, they will remand them into custody to await trial. In some cases, they will order that they be electronically monitored. This will usually be in the form of GPS tracking and can be monitored remotely. The judge will also be able to set a limit on their freedom which means that they cannot travel far, do not go to specific locations and must report regularly.

During their time on remand, the accused individual will be able to get treatment for their mental and physical health while they are in prison. They are unlikely to be given any work while on remand but will be allowed to see their family and friends if they wish.

There are several different ways to pay for bail. The defendant can either pay the full amount themselves or they can buy a bail bond. A bond seller will post a sum of money with the court as security and will then sign an agreement that they will pay the total bail amount in case the defendant fails to appear in court. The defendant must agree to this contract and sign it in court before they are released.

If they do not show up for their scheduled court date, a warrant will be issued and they will be arrested and returned to jail. The bail amount will be refunded in full if they are acquitted or found not guilty. If they are convicted, they will have to pay the full amount of the bond plus a 3% surcharge. For those who are unable to afford the full amount of their bail, there are many bond dealers in San Diego who can help them with this.

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