A person charged with a criminal offense in which a secured bond has been required
may, at the discretion of the court, be permitted to furnish in lieu of cash a government
obligation or a corporation as described in LR65.1.1, or a secured interest in real estate which
shall be referred to as a "property bond."
A. To qualify as adequate security, the real property must have an equity value, after
deducting the outstanding balance of any existing lien or encumbrance, of an amount not
less than the principal amount of the bail set.
B. The title owner of the property shall furnish a collateral mortgage on the property in favor
of the United States of America and shall deliver to the court a collateral mortgage note
in pledge as security for the bond.
1. Prior to release of the person charged, the mortgage shall be recorded in the
official records of the place wherein the property is situated and a certificate shall
be furnished by the official authorized to enter the mortgage upon the public
records showing the date, time and place of inscription and any prior recorded lien
or encumbrance.
2. The property owner shall be required to give proof of ownership and
furnish a certificate from any prior lien-holder stating the balance then due
on any such liens and whether payment is current.
3. The equity value may be determined by the testimony of an expert
appraiser or by such other proof as the court may require.
LOCAL CRIMINAL RULE 53 - REGULATION OF CONDUCT IN THE
COURTROOM
