BAIL

Bail is money paid to the court to ensure that you will appear in court when ordered to do so. If you are placed in jail for a serious crime, you may be able to get out prior to any court proceedings by posting bail.

If you appear in court as required the bail will be refunded at the conclusion of the case against you. Should fail to appear, the court will keep the money and issue a warrant for your arrest.

Bail can be paid in cash or in a cash equivalent. Depending on the circumstances the court may also allow you to post a bond. A bond is a guarantee of payment in the full amount of the bail should the court require you to do so.

In most situations the court will allow your release "on your own recognizance." In this case bail is waived on the condition that you show up to any court dates. A release of this kind is only used when the alleged crimes are minor, the defendant has little criminal history, or the judge believes that you are trustworthy and unlikely to flee.

Bail is not a right, and not every person arrested is entitled to it. If the defendant has been accused of a particularly serious crime, or there is a risk that the defendant may flee or harm members of the public, bail can be denied and the defendant can remain in jail as a "pre-trial detainee." If you are unable to post bail for your release, you will also remain in jail for the duration of your court proceedings.

In most jurisdictions there is a pre-set bail amount for each particular crime. However, judges are responsible for setting bail and can choose a figure they deem acceptable depending on the circumstances. As such bail is actually determined on a case-by-case basis, but the Eighth Amendment to the U.S Constitution requires that bail not be excessive.

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