Legal Definitions - bind over

The term "bind over" refers to a legal action taken by a court to place an individual under a specific legal obligation.

This typically occurs in two primary contexts:

• 1. To compel appearance or compliance: A court may "bind over" a person by requiring them to post a bond (a sum of money or property) or sign a formal promise (known as a recognizance) as a guarantee that they will appear in court at a future date, or fulfill another specified legal duty. If the person fails to meet this obligation, they may forfeit the bond.
• 2. To transfer for trial: After a preliminary hearing, a lower court may "bind over" a defendant and their case to a higher court for a full trial. This happens when the lower court finds sufficient evidence to suggest that a crime has been committed and that the defendant likely committed it. The defendant may then be held in custody or released on bail pending the proceedings in the higher court.

Here are some examples illustrating how "bind over" is used:

• Example 1 (Compelling Witness Appearance): A crucial witness to a robbery expresses fear and reluctance to testify at the upcoming trial. To ensure their presence, the judge might bind over the witness, requiring them to sign a legal document promising to appear and possibly post a small bond. If the witness fails to show up, they could face legal penalties and forfeit the bond.

  Explanation: This illustrates the first meaning, where a court places a person (the witness) under a legal obligation (to appear) and uses a bond or promise to secure that obligation.

• Example 2 (Transferring a Felony Case): During a preliminary examination in a local municipal court, a judge hears evidence against a defendant accused of grand theft. The judge determines there is probable cause to believe the defendant committed the felony. Consequently, the municipal court will bind over the defendant and the case to the county's superior court, which has the authority to conduct felony trials. The defendant might then be held in the county jail or released on bail awaiting trial in the superior court.

  Explanation: This demonstrates the second meaning, where a lower court formally transfers a defendant and their case to a higher court for trial because sufficient evidence has been presented.

• Example 3 (Ensuring Conditional Release Compliance): A person arrested for a misdemeanor offense is granted release before their trial, but the judge imposes conditions, such as attending weekly anger management classes and refraining from contact with the alleged victim. To ensure compliance, the judge might bind over the individual, requiring them to post a surety bond. If the individual fails to attend the classes or violates the no-contact order, they could forfeit the bond and face further legal consequences.

  Explanation: This again illustrates the first meaning, where a court places an individual under a legal obligation (to attend classes and follow conditions) and uses a financial guarantee (the bond) to ensure adherence to those terms and their future court appearance.