Discuss the prelude to prosecuting

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In a narrow sense, an "arrest" is defined as the taking of a person into custody for the commission of an offense as the prelude to prosecuting him or her for that offense. In its broader sense, an arrest means any seizure of a person significant enough that it becomes the functional equivalent of a formal arrest in that the person seized would reasonably not feel that they are free to leave. Once formally arrested, persons generally go through an "initial appearance" in court, in which the accused is formally advised of the charges against him/her and their rights are read to them. It is also at this time that a neutral judicial officer reviews the arrest documents to make sure that the arrest is in fact supported by probable cause.

Preliminary bail may also be set at this initial appearance. There is no general right to bail under the 8th Amendment to the Constitution, but it is commonly guaranteed as a statutory right. Bail is what is used when an accused is released from custody and the bail serves as the accused person's assurance (promise) that they will return to court to answer to the charges when they are summoned to do so. It keeps the accused, who is believed to be innocent until proven guilty, from having to wait weeks or even months in jail before they are able to go to trail and defend themselves against the charges that have been brought against them. By posting bail, this promise is guaranteed by leaving money or property with the court as security, which will be forfeited if the person later fails to appear in court when summoned. If the accused, however, appears in court as summoned, their security is returned to them. Sometimes accused persons do not have the money to post their own security bond, so they enter into a private contract with a bail bonding company who loans them the security money for a fee (like interest on a loan)- that fee paid to a private bail bonding company is of course not returned to the accused. Please describe the various forms of bail- the text mentions at least four

Reference no: EM131687120

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