Bail: Getting Out of Jail After an Arrest

A person's first thought upon landing in jail is often how to get out -- and fast. The usual way to do this is to "post bail". Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail. But if the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest.

Acceptable Forms of Bail

Bail helps ensure that defendant show up in court.

How Judges Set Bail

Judges set bail based initially on a "bail schedule," but they can raise or lower the amount, based on the circumstances of the case.

Limits to How Much Bail the Judge Can Require

Bail should not be used to punish a defendant, or raise money for the state. Its  valid use is to secure the defendant's presence at trial.

Convincing a Judge to Lower the Initial Bail

A defendant with strong ties to the community is not likely to flee--and may warrant a lowered bail because of it.

Bail Jumping—or Failing to Appear After Bailing Out

Forfeiting bail isn't necessarily all an absent defendant will have to deal with.

Bail While Awaiting Appeal

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

Bail Bonds and Bounty Hunters

Many defendants who have been arrested secure their temporary release from jail through bail—that is, by depositing a sum of money set by a magistrate with the court.

What Is a Bail Algorithm? How Are Bail Algorithms Used?

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

What Happens at a Bail Hearing?

Learn about bail schedules and how attorneys argue about bail amounts.

Is it ever wise to just stay in jail and wait for trial?

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

What's a bench warrant?

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

What is a detention hearing?

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