At arraignment, judge sets bail—what is your ethical obligation?

At arraignment, judge sets bail—what is your ethical obligation?

• A. Disclose bond options (cash, surety, 10%), explain risks/liability, and that premiums are non-refundable.
• B. Keep bond options confidential.
• C. Only disclose one option.
• D. Advise defendant to disregard premiums.

Answer: (A)

The main idea is that you must provide complete, honest information about how bail can be secured and what it costs, so the defendant can make an informed choice. At arraignment, you should lay out all viable bail options: a cash bond where the court holds posted cash, or a surety bond where you post the bond in exchange for a non-refundable premium. The premium is typically a percentage of the bond amount (often around 10%), and it does not get refunded even if the case resolves favorably. Along with these options, explain the risks and who is responsible: if the defendant fails to appear, the full bond amount can be forfeited, and the defendant or any cosigners may face liability to cover that amount. This transparency protects the defendant’s rights and ensures your conduct aligns with ethical standards. Withholding options, offering only one choice, or telling the defendant to ignore premiums would be misleading and unethical.

The main idea is that you must provide complete, honest information about how bail can be secured and what it costs, so the defendant can make an informed choice. At arraignment, you should lay out all viable bail options: a cash bond where the court holds posted cash, or a surety bond where you post the bond in exchange for a non-refundable premium. The premium is typically a percentage of the bond amount (often around 10%), and it does not get refunded even if the case resolves favorably. Along with these options, explain the risks and who is responsible: if the defendant fails to appear, the full bond amount can be forfeited, and the defendant or any cosigners may face liability to cover that amount. This transparency protects the defendant’s rights and ensures your conduct aligns with ethical standards.

Withholding options, offering only one choice, or telling the defendant to ignore premiums would be misleading and unethical.