What is bail?

The purpose of the bail system is to guarantee the appearance of a defendant in court. Bail is basic to the system of individual protection set up by the U. S. Constitution (Eighth Amendment). Without bail, a person could be held indefinitely, until it is convenient to release him. Bail bolsters what the U. S. Supreme Court has called a traditional right to freedom before conviction. It also permits the unhampered preparation of a defense and serves to prevent the infliction of punishment prior to conviction. Unless this right to bail before trial is preserved, the presumption of innocence -- which every defendant retains until proven guilty -- would lose its meaning.It must also be noted that the Eighth Amendment provisions deal only with the time before a defendant is tried for his crime. Court cases are uniform in holding that the constitutional guarantee of bail does not apply after conviction. Thus, though bail after conviction and pending appeal is normally available to a ...  more

Bail means "monetary conditions of release." Any person arrested for a criminal offense is eligible for bail under conditions designed to make sure the person appears for court, the community is protected from serious bodily harm, and witnesses aren't intimidated. Bail is set at (or after) the initial appearance. The judge can set one of two kinds of monetary bail, a cash bond or a signature (recognizance) bond. A cash bond requires the person to post an actual amount of cash before release. A signature bond requires the person to sign a bond promising to pay a certain amount if he violates his release, but releases the person without him paying the cash up front. In addition to money, the court can set such other conditions as the judge thinks are necessary to protect the public and prevent further offenses. Commonly, defendants are ordered not to drink alcohol or be in bars. Other conditions tend to match the type of crime. A criminal charge relating to children might result in ...  more

The term Bail is used in several distinct senses: (1) It may mean the securitycash or bondgiven for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of securityeither an undertaking or depositfor the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on ...  more

The term Bail is used in several distinct senses: (1) It may mean the security cash or bond given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security either an undertaking or deposit for the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties ...  more

The term Bail is used in several distinct senses: (1) It may mean the security—cash or bond—given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security—either an undertaking or deposit—for the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties ...  more

The term Bail is used in several distinct senses: (1) It may mean the security—cash or bond—given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant’s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security—either an undertaking or deposit—for the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties ...  more

Bail is the term that is used when a tangible asset is pledged to or deposited with a court in order to allow the temporary release of an individual. Generally, the option of bail is extended to persons who have been charged with a crime that merits incarceration between the time of arrest and the date that the matter will be tried in a court of law. Here is some information about how the concept of bail works, including the qualifications that are usually associated with the privilege of posting bail. Bail may be granted after an arrest has taken place. Depending on the jurisdiction and the nature of the crime, it is possible for arrested persons to obtain bail within a few hours after entering jail. This is especially true for relatively minor offenses, and in situations where it is determined that the chances of the suspect fleeing the immediate area are very low. The actual amount of the bail can vary from a relatively small sum to an exorbitant figure that would intimidate many ...  more

Bail is money that some criminal defendants are required to deposit to guarantee that they will return to court if released from jail while their cases are pending. The judge sets the amount, and the money is deposited with the clerk of the court. It is returned after the case is finished. Bail may be posted as "cash," or through a bond. A bond is a legal contract that requires someone to pay money if a defendant fails to return to court. It is guaranteed by the assets of the person who posted it, such as real estate, savings, or valuable personal property. A "surety" bond is one in which another person or a bail bond company – the "obligor" – undertakes to ensure that a defendant returns to court, upon penalty of losing the bail amount if the defendant fails to do so. An "appearance" bond is one in which the defendant him or herself is the obligor. Most commonly, the court will direct that bail be posted in cash or as an insurance company bail bond. Often the bond amount will be ...

The term Bail could be used in several distinct forms: (1) It may indicate the security-cash or bond-given for the appearance of the defendant. (2) It may also mean the bondsman (i.e., the person who acts as surety (signer on the bail bond) for the defendant's appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is an order from a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security-either an undertaking or deposit-for the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which as a rule becomes a record of the court. The bond is in the nature of a contract between the state on ...  more

Unconditional bail – Where the police think that the suspect is unlikely to commit another offence, will attend court when required, will not intimidate the victim or other witnesses or obstruct the course of justice they will usually release them on unconditional bail. This requires only that they turn up to court on time. However if they do not turn up the court can issue a warrant for their arrest. Conditional bail - Where the police think there is a risk that the suspect may commit another offence, fail to turn up at court, intimidate you or other witnesses, or obstruct the course of justice, they can impose conditional bail. This means that their liberty is restricted in some way. For example, there may be a condition not to go within a certain distance of your house, or there may be a curfew if the offence was committed at night.  more