Course: Procedural Law
Binding over in criminal justice means requiring someone to appear in court on a specific date to face criminal charges after being released on bail or own recognizance.
To bind over someone in the criminal justice context means that the defendant is required to appear in court on a specific date to face criminal charges. This process is typically done when someone has been arrested or detained on suspicion of committing a crime and is released on bail or their own recognizance.
The purpose of binding over someone is to ensure that the accused person will appear in court and answer the charges against them. In some cases, the accused person may be required to provide bail or some other form of security to ensure that they will appear in court. This is done to prevent the accused person from fleeing and to ensure that justice is served.
The process of being bound over to appear in court may differ depending on the jurisdiction, but generally, it involves several steps. First, the prosecutor files a complaint or indictment against the defendant, which outlines the charges against them. Then, the court holds a preliminary hearing or arraignment, during which the judge will decide whether there is sufficient evidence to support the charges and whether the defendant should be bound over to appear in court.
If the judge decides that there is enough evidence to support the charges and that the defendant should be bound over, they will issue a summons or subpoena requiring the defendant to appear in court at a specific time and place. This document will also specify the charges against the defendant and any other relevant information about the case. The defendant will be required to sign this document and agree to appear in court as required.
If the defendant fails to appear in court as required, the judge may issue a warrant for their arrest. This means that the police can arrest the defendant and bring them to court to answer to the charges against them. The defendant may also face additional criminal charges for failing to appear in court, which can lead to more severe penalties.
[ Glossary ]
Last Modified: 05/05/2023