Bail and Bond Explained

Bail is a system that allows individuals accused of crimes to be released from custody while awaiting trial. Understanding how bail works is important for anyone navigating the criminal justice system.

What Is Bail?

Bail is a financial arrangement that allows a defendant to be released from jail before trial. The defendant (or someone on their behalf) pays money or posts a bond as a guarantee that the defendant will appear for all required court dates.

How Bail Is Set

A judge sets bail based on several factors, including the severity of the charges, the defendant’s criminal history, ties to the community, flight risk, and potential danger to the public. Some jurisdictions use bail schedules that set standard amounts for specific offenses.

Types of Bail

Common types of bail include cash bail (paying the full amount), bail bonds (paying a percentage to a bail bondsman), property bonds (using property as collateral), and release on own recognizance (ROR), where no payment is required.

Bail Bonds

A bail bond is obtained through a bail bondsman who posts the full bail amount in exchange for a non-refundable fee (typically 10-15% of the bail amount). If the defendant fails to appear, the bondsman may be responsible for the full bail amount.

Conditions of Release

Bail often comes with conditions beyond appearing in court. These may include travel restrictions, no-contact orders, drug testing, electronic monitoring, or surrendering firearms. Violating conditions can result in bail revocation.

When Bail May Be Denied

In some cases, a judge may deny bail entirely. This typically occurs when the defendant is considered a flight risk, poses a danger to the community, or is charged with certain serious offenses like capital crimes.