Pone per vadium is a legal order that mandates a sheriff to confiscate a portion of a defendant’s assets and compel the defendant to provide guarantees. This order is issued when a defendant fails to appear in response to an initial writ. The name originates from the language used in the writ, which directs the defendant to “put by gage and safe pledges.”
The term “Pone Per Vadium” is a Latin phrase that describes a historical writ used to summon a defendant who did not appear in response to an initial writ. This writ instructed the sheriff to seize some of the defendant’s property and demand the defendant to find sureties. The name of the writ, “pone per vadium et salvos plegios,” translates to “put by gage and safe pledges.”
To provide an example, if a defendant fails to show up in court after being summoned, the court may issue a pone per vadium writ to the sheriff. The sheriff would then seize some of the defendant’s property and require the defendant to find sureties before the property is released. Another instance would be if a person owes a debt and neglects to pay it, the creditor may utilise a pone per vadium writ to seize the debtor’s property and demand sureties before releasing the property. These examples demonstrate how the pone per vadium writ was historically employed to ensure the appearance of defendants and debtors in court, as well as the payment of their debts. It served as a means to hold individuals accountable for their actions and guarantee the administration of justice.
Pone Per Vadium is a legal term that refers to the process of posting a security deposit or bail bond in court to secure the release of a person who has been arrested or detained.
When someone is arrested, a judge may set a bail amount that must be paid to secure their release. Pone Per Vadium allows the defendant or their representative to post a security deposit or bail bond with the court, ensuring that the defendant will appear for future court proceedings.
If the defendant fails to appear in court as required, the court may forfeit the security deposit or bail bond that was posted. This means that the person who posted the deposit or bond may lose their money.
In most cases, anyone can post Pone Per Vadium for a defendant, as long as they meet the requirements set by the court. However, some jurisdictions may have specific rules or restrictions on who can post bail on behalf of a defendant.
The cost of Pone Per Vadium can vary depending on the bail amount set by the court. Typically, the person posting bail will need to pay a percentage of the total bail amount as a fee to the bail bond company or court.
If the defendant appears in court as required and fulfills all their legal obligations, the Pone Per Vadium deposit or bond may be refunded at the conclusion of the case. However, any fees or administrative costs associated with the process may be deducted from the refund.
Yes, there are alternatives to Pone Per Vadium, such as personal recognizance or release on own recognizance (ROR), where the defendant is released without the need for a security deposit or bond. However, the availability of these alternatives may depend on the nature of the charges and the defendant’s criminal history.
In some cases, it may be possible to request a bail reduction after Pone Per Vadium has been posted. This typically requires filing a motion with the court and providing valid reasons for the reduction, such as a change in circumstances or financial hardship.
Pone Per Vadium is primarily used in criminal cases where the defendant has been arrested or detained. It may not be applicable in civil cases or other legal matters that do not involve the potential for incarceration.
The availability and specific procedures for Pone Per Vadium may vary depending on the jurisdiction. It is important to consult with a legal professional or bail bond agent to understand the specific requirements and processes in your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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