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By Sunita Samaroo“It was a case of being at the wrong place at the wrong time your worship,” said an unrepresented Andrew Gonsalves as he explained why he pleaded guilty. There Gonsalves was, throwing himself at the mercy of the court, for the theft of a cellular phone.Next to my colleagues I sat, pen in hand as I listened to his story. It is one I remember as if it was yesterday, though it was almost a year ago.Gonsalves was picked up last Old Year’s Day for a “quick-grab” on Wellington Street. The young man, barely 22, stood anxiously before a city Magistrate, and for those who follow the happenings of the court,Custom Orlando Magic Jersey, it was clear what would come next.But Gonsalves like scores before and even after him,Artemi Panarin Jersey, asked the Magistrate considering the plea he had entered, what amount of bail would be granted to him. There he was, expectant eyes, clad in a Polo jersey and “three-quarter pants” awaiting an answer.Much to his dismay, he was informed that a guilty plea in this case did not merit bail, but rather a sentence. The Magistrate then said “Sir you have pleaded guilty, there is no bail.”WHAT IS BAIL?Oftentimes, a person’s first thought upon landing in jail is how to get out – and fast. The usual way to do this is to post bail.Bail is cash, a bond, or property that an arrested person gives to a court or police station to ensure that he or she will appear in court/report to the station when ordered to do so.If you as the defendant don’t show up, the court can and may keep the bail and issue a warrant for the defendant’s arrest – it’s sort of a broken promise, but one with repercussions, you can’t blame a court for not trusting you after you went against the principles.HOW BAIL IS GRANTEDAn application for bail can be made by the attorney-at-law or even the accused when he/she makes his/her first appearance in court. The problem is that many persons do not know this and on most occasions it is at the discretion of the Magistrate that bail is given.It’s no strange thing to see an accused stand before a Magistrate and say nothing, even when the offence is bailable. Maybe its fear that does this, but you are allowed to ask to address the Magistrate. In fact, I’ve seen some accused do excellent bail applications with the “Your Worship” and everything in the right, persuasive place.Bail can be granted to the accused upon his/her own recognisance or bond. This means that no money or property has to be lodged,NFL Jerseys China Online, but the accused must sign a recognisance or bond by which he/she promises to come back to court for trial.If there is any doubt about whether the accused will come back to court he/she will be asked to provide one or two sureties. A surety is a person who signs a recognisance or bond stating that he/she will ensure that the accused attends court on the date set for trial.The surety lodges some security to the value of the amount fixed by the magistrate or judge. The security can be money or title to land. A surety is also called a bailor.If bail is refused by the magistrate, a further application for it can be made to a judge of the High Court.  Judges can also reduce the amount of bail fixed by a magistrate.Magistrates are usually inclined to deny bail to alleged drug traffickers and armed robbers, but I have seen the same persons return to court appearing as ‘free men’ because they had secured High Court bail.Section 20 of ‘The Law and You,Cheap Nike NFL Jerseys,’ a leaflet published by the Guyana Association of Women Lawyers in 2003, says that the amount of bail should not be so high that the accused will not be able to make it. “This amounts to a refusal of bail,” the Women Lawyers have said.BAILABLE/ NON-BAILABLE OFFENCESIn Gonsalves’ case, he had no lawyer,Andrew Desjardins Jersey, and as such had no idea that he had stepped into uncharted territory – bail was simply a ‘no no’ for him.It always helps in a bail application to know if the charge before you is bailable or not. For serious charges like Murder and Treason – bail is not something a Magistrate would ever grant. But unbeknownst to many, rape and carnal knowledge charges, as well as causing death by dangerous driving, are among the bailable.Larceny charges such as ‘Larceny from the Person’, ‘Simple Larceny’, ‘Break and Enter and Larceny’ are bailable. Assault charges, and threatening and abusive language, are also offences where bail is possible.What is important to a Magistrate though is if a defendant will ‘go on the run’ and miss the court hearing or try to intimidate certain witnesses. Prosecutors who may try to have an accused remanded will object to bail highlighting these things, but those things can and have time and time again, been substantially rebutted.PAYING BAILThe bail is lodged by the bailor at the Magistrates’ office or the Supreme Court Registry, as the case may be, and a receipt is issued. The receipt must be kept until the trial has ended and then presented to the office or Registry so that the bail can be recovered.You get back your ‘bail money.’ Always remember that bail is different from a fine. Fines are penalties, bail is more of an assurance.RENEWAL OF BAILNormally it is only at the end of a trial that bail can be recovered. But if a bailor wishes to withdraw his/her bail before the case is finished and there is someone else willing to become a bailor in his/her place, he/she can appear at court on any day and ask to withdraw.If a bailor wishes to exchange bail lodged for alternative security he/she can also do this. Bail is security only for as long as a trial lasts. So, if there is a preliminary inquiry in the Magistrates’ Court and then a trial in the High Court, bail has to be renewed when the case goes to the High Court.When bail is renewed, the bailor will have to sign the recognizance again. When committing the accused to trial in the High Court, the Magistrate will state whether the same or a different amount of bail will apply.FORFEITURE OF BAILIt was only weeks ago that a city Magistrate forfeited bail to an accused. The problem is that many claim their innocence through ‘not guilty’ pleas,Artem Anisimov Jersey, but run away from trial. But that has consequences for you and the bailor.Failing to attend court for trial, from time to time results in bail being forfeited and the bailor losing his/her money or property – every cent of it. That pretty much explains why my colleagues and I were “concerned” when $300,000 went away for that causing death by dangerous driving accused.Of course, if no reasonable explanation for the absence of the accused is given to the court, a warrant will be issued for his/her arrest and an order for forfeiture of bail made. If and when arrested,NBA Store, the accused will be kept in custody until the trial is over and that’s when you know you’ve messed up.ACTING AS A BAILORAs a bailor, technically the accused is placed in your custody, and it becomes your responsibility to give an explanation to the court or risk the loss of your money or property.Don’t be afraid of being thought of as a ‘snitch.’ If you think the person you have bailed will not turn up at court you can protect yourself by arresting him/her or asking the police to do so. Once the accused has been arrested, you can ask to be released from your obligation.It is your right.