Court Procedures & Legal Requirements Flashcards

What is a 'surety's right of subrogation' in bail bond law?

Answer: The right to pursue the indemnitor for reimbursement after paying a forfeiture

Subrogation gives the surety the legal right to pursue the indemnitor (and defendant) for reimbursement of any forfeiture payments made to the court.

What is 'preventive detention'?

Answer: Jailing a defendant without bail because they pose a danger to the community

Preventive detention allows courts to deny bail and incarcerate defendants before trial specifically because they are deemed a danger to the public or community.

What must the prosecution demonstrate to deny bail at a federal detention hearing?

Answer: That no conditions of release will reasonably assure the defendant's appearance and community safety

Under the Bail Reform Act, prosecutors must prove by clear and convincing evidence that no release conditions will adequately protect the community or ensure the defendant's appearance.

What is a 'material witness warrant'?

Answer: A court order to detain a crucial witness who may flee before testifying

A material witness warrant allows a court to detain a crucial witness who may otherwise flee or be unavailable to testify at trial.

What is 'bail pending appeal'?

Answer: Release from custody granted to a convicted person while their conviction is being appealed

Bail pending appeal allows a person who has been convicted to be released while they appeal their conviction, subject to court approval and conditions.

What is the 'rebuttable presumption' that sometimes applies in federal bail hearings?

Answer: A legal assumption that detention is appropriate for certain serious charges unless the defendant proves otherwise

In federal cases involving serious charges like drug trafficking or violent crimes, there is a rebuttable presumption that no conditions will ensure appearance and safety, shifting the burden to the defendant.