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How Bail Works


Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear). In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused.

A Bail System

The bail system is set up to guarantee the timely appearance of a defendant in court. It ensures the retention of control over the defendant until justice is administered by the court.

The bail agent is the person who posts your negotiated bond with the jail and obtains the release of the defendant. By involving family, friends, and possible collateral, the bail bond company can be reasonably assured that an individual released on bail bond will appear at their appointed court date.

A Bail Bond is granted by the jail in exchange for the person in jail. It is normally granted when a person is:

  • Arrested for a bail able offense prior to appearing in court or prior to charges.
  • Convicted of an offense but is awaiting modest sentencing.
  • Appeals after conviction of an offense.
  • Convicted of an offense but is applying for probation.
  • The convicted offense is associated with modest sentencing

Certain conditions may apply:

Certification that the person is not a flight risk,
The person is not a threat to the community
The person has a good court appearance record.

Forms of bail

In the United States there are several forms of bail used, these vary from jurisdiction, but the common forms of bail include:

  1. Recognizance – when an accused is released on recognizance, he promises to the court that he will attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited; this is denominated an unsecured appearance bond or release on one’s own recognizance.
  2. Surety – by a surety bond, a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. This also known as surety on the bond.
  3. Property – the accused or a person acting on his behalf pledges real property having a value at least equal to the amount of the bail. If the principal fails to appear for trial the state can levy on the property to recover the bail.
  4. Cash – typically “cash-only,” where the only form of bail that the Court will accept is cash.
  5. Combinations – courts often allow defendants to post cash bail or bond, and then impose further conditions, as mentioned below, to protect the community or ensure attendance.

Conditions of Release

Many varied non-monetary conditions and restrictions on liberty can be imposed by a court to ensure that a person released into the community will appear in court and not commit any more crimes. Common examples include: mandatory calls to the police, surrendering passports, home detention, electronic monitoring, drug testing, alcohol counseling, surrendering firearms.

Protective Order (Order of Protection)
One very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim. The former is a limited order, the latter a full order. Violation of the order can subject the defendant to automatic forfeiture of bail and further fine or imprisonment.

We are on-call 24 hours, seven days per week for your bail bond needs or questions.
Give one of our knowledgeable bail a call today!

And as always,
You Ring, We Spring!