What is bail?
The purpose of bail is to ensure that criminal defendants appear in court for all hearings (both pretrial and trial) they must be present for. Other factors courts often consider in determining whether or not to set bail include the type of crime charged, dangerousness of the defendant, and the safety of the community.
Who gets bail?
Rhode Island General Laws § 12-13-1 (Right to release pending trial on giving of recognizance) provides: Every person who is held on any criminal process to answer to any indictment, information, or complaint against him or her shall be released upon giving recognizance with sufficient surety or sureties before a justice of the supreme or superior court or before a justice of the district court, when the complaint is pending in that court or the person is held to answer to that court, in the sum named in the process, if any has been named in it, and if none is named, then in any sum that the justice shall deem reasonable, to appear before the court where the indictment, information, or complaint is pending against him or her, or to which he or she may be bound over to appear, to answer to the indictment, information, or complaint, and to answer to it whenever called upon so to do, and abide the final order of the court, and in the meantime keep the peace and be of good behavior. Any justice may take the recognizance in any place within the state, and the recognizance shall be returned to the court to which the accused has recognized to appear.
What are the types of bail?
When the court sets bail, there are two main types:
Personal recognizance— ensures a defendant’s immediate release (without having to post/pay bail) based on his or her written promise to appear in court
Cash or surety bail— requires the defendant to post or pay a certain percentage (10%) of the total value set by the court
The type of bail usually corresponds with the severity of the crime and/or the defendant’s criminal history. For example, surety bail is generally set for those charged with more serious crimes or for those with a history of not appearing in court or extensive criminal records.
What are bail guidelines?
There are certain bail requirements Rhode Island courts must comply with. Bail cannot be pre-determined by the nature of the crime. Further, a defendant shall not be required to post bail on each count or charge in a criminal complaint unless the charges could be severed for trial. Cash or surety bail shall not exceed the guidelines, unless it can show special circumstances.
Misdemeanors: $1,000 with surety (or $100 cash)
5 Year Felonies: $5,000 with surety (or $500 cash)
10 Year Felonies: $10,000 with surety (or $1,000 cash)
20 Year Felonies: $20,000 with surety (or $2,000 cash)
20+ Year Felonies: $50,000 with surety (or $5,000 cash)
Whenever bail exceeds these guidelines, the judge or magistrate must articulate specific reasons on the record (first, the reason for the surety or cash bail and second, the reason for exceeding the guidelines). Reasons include the likelihood of conviction and likely sentence, outstanding warrants or detainers, a history of non-appearance or defaults in court, physical or mental condition affecting the defendant’s conduct.
Can the court impose conditions on my bail?
Yes, the court may impose conditions on a defendant’s bail.
A standard condition of bail, regardless of type, is the requirement that the defendant must keep the peace and remain of good behavior (in other words, don’t get arrested).
A Court may also order special conditions of bail. Some examples of special conditions include but are not limited to:
No contact order
Supervision by pretrial services
Counseling
Completion of domestic violation classes
Drug and/or alcohol screens
Substance abuse evaluation
Home confinement
Travel restrictions
Internet restrictions
Firearm restrictions
Restrictions on contact with children
Etc.
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