Bail is money or other security that a defendant provides so they can be released before trial and promise to return to court. The system varies a lot by state and county.
Ways to be released
- Release on your own recognizance, which means a promise to appear without paying.
- Cash bail, paid in full to the court and returned when the case ends if you appear.
- A bail bond through a bondsman, who typically charges a non-refundable fee, often about 10 percent.
- Conditional release with supervision, such as check-ins or electronic monitoring.
How bail is set
Judges consider the seriousness of the charge, criminal history, ties to the community, flight risk and danger to others. Some places use set bail schedules, and some have reduced or eliminated cash bail for certain offenses.
If you do not appear
The court can issue an arrest warrant and forfeit bail. A bondsman may also pursue you or the person who co-signed for the amount of the bond.
What families should know
- Ask the jail or court for the bail amount and how to pay.
- Understand the contract with a bondsman before signing, since co-signers can be liable.
- Ask the defense lawyer about asking the judge to lower bail.
- Make sure the defendant knows all court dates.
Frequently asked questions
Do I get bail money back?
Cash bail is generally returned if you comply, minus fees. Bondsman fees are not refunded.
Can bail be denied?
In some serious cases a judge can hold a defendant without bail.