Bail Posted by Corporate Defendant
Brian Bailey's company posted a $250,000 bond to secure his pretrial release on fraud charges. When Bailey failed to appear, the court ordered the bond forfeited under the terms of the bail order.
Also known as: bails · bailed · bailing · bailable · bailpiece · bailsman · surety · recognizance
Written by attorneys · grounded in primary & secondary sources — see below
A form of security such as cash or a bond posted to secure the release of a person charged with a crime on condition of future court appearance. The Eighth Amendment prohibits excessive amounts. Breach of conditions can result in forfeiture.
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Brian Bailey's company posted a $250,000 bond to secure his pretrial release on fraud charges. When Bailey failed to appear, the court ordered the bond forfeited under the terms of the bail order.
Benjamin Brooks faced misdemeanor charges carrying a $50,000 bail requirement despite minimal flight risk. The court reduced the amount after finding it excessive under the Eighth Amendment given the low stakes and his community ties.
Belinda Baxter remained free on bail while appealing her conviction. The reviewing court treated her as in custody for habeas purposes because release on bail still imposed significant restraints on her liberty.
Bharat Bhatia challenged his state pretrial detention in federal court. The court applied the Eighth Amendment excessive bail prohibition to the states through the Fourteenth Amendment.
Brooke Bryant posted bail after arrest for a serious offense. The court later considered whether her release status affected her right to a jury trial under the Sixth Amendment as incorporated.
Benito Benitez sought federal relief from a state bail order. The federal court declined to intervene because ongoing state criminal proceedings provided an adequate forum to address the bail conditions.
The Eighth Amendment prohibits excessive bail. Courts must set amounts that are not disproportionate to the offense or flight risk, ensuring the defendant can reasonably secure release while protecting the public interest.
A court must declare bail forfeited if a condition of the bond is breached, such as failure to appear. The surety may later seek to set aside the forfeiture by surrendering the defendant or showing other good cause.
Yes. A defendant released on bail remains subject to significant restraints on liberty and is considered in custody for purposes of federal habeas corpus jurisdiction.
…history of the Fourteenth Amendment in its reliance on the "compelling state interest" test. See Weber v. Aetna Casualty & Surety Co. , 406 U. S. 164, 179 (1972) (dissenting opinion). But the Court adds a new wrinkle to this test by transposing it from the legal considerations associated with the Equal Protection…