bail

Bail is the temporary release of a person who has been taken into custody, on the condition that they will return for future court appearances. A financial guarantee or collateral is provided to assure the court that the defendant will appear as required. The amount and conditions of bail are typically determined at a bail hearing by a judge, and factors such as the seriousness of the offense, flight risk, criminal history, ties to the community, and public safety influence the decision.

Common forms of bail include cash bail, where the full bail amount is deposited with the court; bail bonds, in which a licensed bondsman posts bail in exchange for a nonrefundable fee (usually a percentage of the total); and property bonds, which use real estate or other property as collateral. Other options include release on own recognizance (ROR), in which the defendant is released based on trust and promise to appear, and unsecured or partially secured bonds, which require little or no upfront payment but may obligate payment if the defendant fails to appear. Bail conditions can also include travel restrictions, regular check-ins, and surrender of passports.

Jurisdictional practices vary, and bail has been the subject of reform debates. Some jurisdictions emphasize non-monetary release or risk-based assessments to reduce pretrial detention and address equity concerns, while critics argue that bail systems can disproportionately affect low-income individuals and reproduce social inequality.

If the defendant fails to appear or violates conditions, the bail may be forfeited, leading to a warrant for arrest. In some cases, collateral may be seized, and the defendant or a bondsman may be obligated to cover additional costs.