Bail is an amount of money or bond that a criminal defendant may be ordered to pay before being released from custody pending trial.

Purpose of Bail

The purpose of bail is to guarantee the appearance of the defendant in court when required at future trial proceedings. Generally the conditions and amount of Bail are set by the judge or other court officer during the defendant's first appearance. It is also possible that the judge may release the defendant on his/her own recognizance - which is the defendant's written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime. Or the judge can simply deny bail, and remand the accused pending trial.

Bail is mostly associated with criminal proceedings, but can also be granted in some civil cases to secure payment of a debt. In criminal law, bail is granted on the basis of the circumstances and seriousness of the crime. Serious misdemeanor cases and felonies often require a bail determination. Bail can be sought by the accused person during the pre-trial period or pending execution of sentence. The question of bail also comes into play while an appeal of a conviction or sentence is pending.

The Sixth Amendment to the Constitution mandates that a suspect must “Be informed of the nature and cause of the accusation.” so as to enable the person to seek bail. However, there is no absolute right to bail. Initially, The Bail Reform Act of 1966 provided that a non-capital defendant is to be released on bailpending trial, unless the judicial officer determines that granting bail will not adequately assure the defendant’s appearance at trial. However, The Bail Reform Act of 1984, codified at United States Code, Title 18, Sections 3141-3150 replaced the Bail Reform Act of 1966. The new Act provides for detention of the accused where necessary for the safety of the community. According to the Bail Reform Act of 1984, persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering are subject to detention without bail.

Bail may not be granted in the following circumstances:

* Where the defendant is undergoing a custodial sentence for another offence.

* Where the court finds that it is not feasible to obtain sufficient information,

* Where it is determined that continued custody is necessary for the defendant’s own safety and protection.

* Where the defendant has absconded or breached a bail.

* Where the defendant has been convicted, but the court is waiting for a report or inquiry, and such inquiry would be difficult to complete without keeping the defendant in custody.

POSTING BAIL

Once a court has set the amount of bail, that amount, or a specified percentage, is paid to the court. Payment may be made in cash or in an approved cash substitute, such as a money order or cashier’s check. A defendant may post his or her own bail, or may find another person to do so.

Once bail has been posted, the court will issue a document or a court order that shows the defendant may be released.

If another person posts bond on the behalf of a defendant, the bail bond becomes a three-party contract between the defendant, the court, and the surety. The surety is the party who, at the request of a defendant, becomes responsible for securing the defendant’s appearance in court. People who may act as a surety for a criminal bond include licensed bond agents and friends and relatives of the defendant. As part of the contract, the defendant promises to appear at future proceedings. The surety promises to forfeit to the court the amount of the bond if the defendant fails to appear as required.

PENALTY

The penalty for failure to appear as required after release is a fine, imprisonment, or both. Federal law provides that any term of imprisonment for failure to appear must run consecutively to any other criminal sentence. However, if uncontrollable circumstances caused the failure to appear, and if the person immediately appeared once it was possible to do so, the person will have a valid defense to the failure to appear charge.

Once a case is over and all obligations have been fulfilled, the bond money is typically returned. Sometimes administrative costs are deducted.

Disclaimer:

This article is a guideline and is not legal advice - No information here iswarrantedorguaranteedfor any purpose., as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.

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