Bailing Out of Jail

Bail is cash, a bond, or property that an arrested person gives to a court to ensure that they will appear in court when ordered to do so.

Not everyone can post the full amount of bail in cash. Other forms of bail may require less money upfront but come with other costs, such as nonrefundable premiums and collateral requirements.

A defendant might pay a higher bail amount to get released quickly. Or a defendant can wait and see if a judge will set a lower bail or bond amount.

Excessive bail violates the Eighth Amendment. Learn how courts review bail amounts and determine when an amount is too much and unconstitutional.

A defendant with strong ties to the community isn't likely to flee, which may warrant a lower bail or bail reduction.

Forfeiting bail isn't necessarily all an absent defendant will have to deal with. Learn the consequences of failing to show up at court after bailing out.

People who have been accused of crime have a general right to bail pending trial.

If a defendant fails to show up, the bail bond agent has a couple of options to avoid having to ante up the entire bail amount. One option is to use a bounty hunter.

Some U.S. jurisdictions are using advanced formulas to evaluate the risks that defendants pose. Judges weigh these evaluations when considering pretrial release.

Learn what happens at a bail hearing, what evidence is considered, and when a defendant can ask for a bail review.

In most situations, staying in jail pending trial is not a good idea.

What is a bench warrant? Is there a difference between a bench warrant and a regular arrest warrant?

A pretrial detention hearing in federal court is much like a bail hearing in state court.