Remission varies by jurisdiction and is within the discretion of each court. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. What is the Fruit of the Poisonous Tree Doctrine? {{courseNav.course.topics.length}} chapters | However, if a case is dismissed with prejudice, the case is over and cannot be refiled. After a person is arrested, he appears before a judge who sets a bail amount. The police will either release the arrestee and tell him when to show up for a court hearing. He thought he was okay to drive home, but he was soon stopped by a police officer and arrested for the crime of driving while intoxicated. Let's discuss how a person gets out of jail with bond and what happens if that bond is lost, or forfeited. (For related information, see Can you appeal a judge's bail order?). At this point, the bail bond is discharged. Bond forfeiture means that the court can collect the bond money because the surety failed to produce Joe in court, as required. Earn Transferable Credit & Get your Degree. Factors That Influence Bail Amounts. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. All bail bonds get exonerated in the end, regardless of whether the defendant is found innocent or guilty. In recent years, courts have started using math to inform decisions about pretrial release. And bail may be denied to a defendant who is likely to flee the jurisdiction before the case concludes. The judge will automatically order a bond exoneration when entering the verdict. This happens more or less automatically when the defendant appears in court as scheduled. Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent … In this example, $1,500 is the amount of money that must be paid for Joe to be released from jail. When Joe can be arrested on the warrant, his bond will likely be revoked. The bond company may also require something of value, called collateral, to further secure the bond. Like a jailhouse bail schedule, using a duty judge is an option for arrested persons who are anxious to bail out of jail before going to court. It does not extinguish any fee owed to the bail bond company. For instance, the police may treat possession of a small amount of marijuana (a misdemeanor in most states) as an arrest for possession of marijuana with intent to sell (a felony in all states). Read More: Who Can Revoke a Bail Bond? Log in or sign up to add this lesson to a Custom Course. Can I change defense lawyers after I've hired one? Once the defendant appears in court – just as he's supposed to – the judge "exonerates" the bond. The more serious and dangerous the crime, the higher the amount of bail is likely to be. Unfortunately for many suspects who want to bail out of jail quickly, the police tend to arrest suspects for the most serious criminal charge that can possibly be supported by the facts at their disposal. 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