Defendants are presumed innocent while awaiting trial. Bail is money or other security deposited with the court to obtain release from custody and to help ensure the defendant’s appearance at future hearings.
Judges set bail after considering the seriousness of the charge, criminal history, ties to the community, and flight risk. Some systems favor release on recognizance for lower-risk defendants. Failure to appear can result in forfeiture of the bail amount and issuance of a bench warrant.
Commercial bail-bond companies often post the required amount for a nonrefundable fee. Critics argue that cash bail disadvantages the poor; reformers in several places have expanded non-financial release conditions. The core purpose remains securing attendance without unnecessary pretrial detention.
- Security given for pretrial release
- Set according to risk and charge severity
- Forfeited if the defendant fails to appear
- May involve cash, bond, or alternative conditions
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