BAIL

If you are placed in jail, you may be able to get out prior to any court proceedings if you "post bail." Bail is money you pay to the court in order to ensure that you will appear in court when ordered to do so.

If you do appear as required, the bail will be refunded to you once the case against you is concluded. If you do not show up, the court keeps the money and will issue a warrant for your arrest.

Bail may be paid in cash or in a cash equivalent. You may also be allowed, depending upon the circumstances, to post a bond. A bond is a guarantee of payment of the full bail amount should the need arise.

In other situations, you may be allowed to be "released on one's own recognizance." This means that the payment of bail is waived on condition that you appear in court when required. This is generally only used in crimes that are minor in nature, for those with little or no criminal history, or where the judge is of the opinion that you are a trustworthy individual who is unlikely to flee the jurisdiction.

Not every arrested individual is entitled to bail. In particularly heinous crimes, or where there is a risk that the defendant will flee the jurisdiction or harm members of the public, bail may be denied and the defendant will be kept in jail as a "pre-trial detainee." You may also be considered a "pre-trial detainee" if you are unable to post bail for your release.

The judge is responsible for setting your bail. In many jurisdictions, there is a pre-set schedule listing the bail amounts for particular crimes. In other situations, bail may be determined on a case-by-case basis. The Eighth Amendment to the U.S Constitution requires that bail not be excessive.

These are just some notes on bail bonds; go to our Understanding Bail Bonds page to learn more.

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