You can be released from custody without a surety on your “own recognizance”. When you sign your own recognizance of bail, you promise to pay the court money if you fail to follow the conditions of your recognizance. This type of release is a step up the ladder from an undertaking. It is a step down the ladder from using the...
The ladder principle is used in bail court to help decide how much supervision you should have if you're released. The bottom of the ladder is the least amount of supervision and the top of the ladder is the most. Each step up the ladder restricts your freedom more. For example, an undertaking without conditions is at the bottom of the...
If someone claims you did not comply with a court order, the court can schedule an estreatment hearing. For example, this can happen if someone claims you did not follow a recognizance of bail. At the estreatment hearing, you or your surety will be ordered to pay the amount promised to the court when the recognizance of bail was signed.
You...
A detention order is a type of court order that can be made at a bail hearing. If the judge or justice of the peace makes a detention order, you will remain in custody until your case is finished, or you are released on a bail review.
An undertaking is a piece of paper that an accused signs instead of being held for a bail hearing. Usually it will contain conditions you agree to comply with as part of your release from custody. If you don’t follow the conditions of your undertaking you can be charged with failing to comply.
Testifying is a way of presenting evidence to the court using a witness. A witness testifies by answering questions asked by the lawyers and the judge. The answers the witness gives are called their testimony. The witness answers questions under oath or after giving an affirmation. With an oath or an affirmation, the witness promises to...
When you testify, you give evidence as a witness in a court of law. You answer questions asked by the lawyers and the judge. You do this under oath or after you have given an affirmation. With an oath or an affirmation, you promise to tell the truth in court.
A surety warrant is a type of arrest warrant that is issued when your surety cancels your bail. A surety warrant gives the police the power to arrest you. Your surety can cancel your bail at any time.
When a document is "commissioned", it is signed in front of a commissioner of oaths. A commissioner of oaths has the power to certify a document that presents what someone says is true, such as an affidavit.