Glossary of Terms Relating to Bail & Pretrial

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Adversary System

Final
Black’s calls it “[a] procedural system, such as the Anglo American Legal System, involving active and unhindered parties contesting with each other to put forth a case before an independent decision maker.” According to Michael Asimow, “[t]he ...
Created By: Pretrial Librarian 01-28-2017
Last Updated By: Pretrial Librarian 01-28-2017

Affidavit

Final
A voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths (Black’s). Among other things, affidavits are drafted to obtain search warrants and to document an officer’s probable cause ...
Created By: Pretrial Librarian 01-28-2017
Last Updated By: Pretrial Librarian 01-28-2017

American Bar Association (“ABA”) Criminal Justice Standards

Final
The American Bar Association is the 400,000- plus member national association for the legal profession and those interested in the legal profession. In 1964, the ABA implemented its “Criminal Justice Standards Project,” which has created and updated best ...
Created By: Pretrial Librarian 01-28-2017
Last Updated By: Pretrial Librarian 01-28-2017

Appearance Bond

Final
see Bail Bond
Created By: Pretrial Librarian 01-28-2017
Last Updated By: Pretrial Librarian 01-28-2017

Appearance Rate

Final
see Court Appearance Rate
Created By: Pretrial Librarian 01-28-2017
Last Updated By: Pretrial Librarian 01-28-2017

Arraignment

Final
A criminal proceeding at which the defendant is read the charge or charges and asked to enter a plea. The essence of the arraignment is the act of pleading (e.g., guilty, not guilty, no contest) to the formal charge or charges, and although an arraignment may be continued ...
Created By: Pretrial Librarian 01-22-2017
Last Updated By: Pretrial Librarian 01-22-2017

Arrest Warrant

Final
see Warrant
Created By: Pretrial Librarian 01-22-2017
Last Updated By: Pretrial Librarian 01-22-2017

Bail

Final
In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance. “Bail” is perhaps one of the most misused terms in the field, primarily because ...
Created By: Pretrial Librarian 01-22-2017
Last Updated By: Pretrial Librarian 01-22-2017

Bail Bond

Final
An agreement between the defendant and the court, or between the defendant, the surety (commercial or noncommercial surety), and the court, originally designed primarily to assure the defendant’s appearance in court and later expanded in the federal system and ...
Created By: Pretrial Librarian 01-22-2017
Last Updated By: Pretrial Librarian 01-22-2017

Bail Bondsman

Final
Also known as a commercial or compensated surety, a bail bondsman is one who guarantees a defendant’s appearance for court by prom ising to pay a financial condition of bond if the defendant does not appear for court. Bail bondsmen are typically licensed by ...
Created By: Pretrial Librarian 01-22-2017
Last Updated By: Pretrial Librarian 01-22-2017