Bail is the amount of money a defendant must pay to be released from custody while their criminal case is pending. It serves as a financial guarantee that the defendant will appear at all future court hearings.
How Bail Is Set
A judge sets bail at the arraignment based on several factors including the severity of the charges, the defendant’s criminal history, ties to the community, employment status, and the likelihood of fleeing before trial.
Types of Bail
Cash bail requires the full amount to be paid upfront. A bail bond involves a bail bondsman who pays the bail in exchange for a non-refundable fee, typically 10% of the total bail amount. Own recognizance (OR) release means the defendant is released without paying bail but signs a written promise to appear in court.
If you cannot afford bail, your attorney can argue for a bail reduction at a bail hearing. In some cases, bail can be eliminated entirely. Do not accept the initial bail amount as final — it can almost always be challenged.
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