Bail and Bond: How the Basics Work

After an arrest, a judge or magistrate may decide whether the person can be released before trial and under what conditions. The terms "bail" and "bond" are often used together, and they can mean different things depending on the state. This page explains the general ideas so you can ask better questions. It does not give amounts or predict what a court will do.

What bail means

Bail is a condition of release. It is a promise, backed by money, property, or another security, that the person will return to court. If the person appears at every hearing and follows the conditions, the security is generally returned at the end of the case. If they do not appear, the security may be kept, and a warrant may be issued.

The word bail can be used in different ways from state to state, sometimes for the amount that must be posted and sometimes for the release decision. Ask the court clerk or your lawyer what the word means in your state.

Ways a person may be released

Release options can include:

• release on the person's own promise to return to court, often called release on recognizance;
• release with conditions, such as a curfew, check-ins, or a requirement not to contact certain people;
• posting cash or property with the court;
• using a bail bond, which is provided by a licensed bail agent or bail bond company;
• a hearing to review the amount or the conditions set at the first appearance.

Which options are available depends on the charge, the person's history, and the rules in the state and county.

How a bail bond works

A bail bond is a contract with a bail bond company or agent. The company agrees to pay the court the full amount of bail if the person does not appear. In return, the person or a family member usually pays a fee to the company, and may be asked to provide collateral. Ask whether any part of the fee can be refunded, including if the case is later dismissed. The exact fee and collateral rules differ by state, and bail bond agents may be regulated differently in each state.

Read the agreement carefully before you sign. Ask what the fee is, what happens to collateral, what the company can do if a court date is missed, and what the company expects from the family.

Pretrial services

Some courts use pretrial services to supervise people who are released before trial. In the federal system, the U.S. Courts' probation and pretrial services page explains that pretrial services officers serve the federal courts. Pretrial officers may check on a person's compliance with conditions and help the court make decisions about release. State and county systems have their own programs, so ask the court what applies.

Detention hearings

In some cases, the prosecution may ask the court to keep a person in custody before trial. A detention hearing is a court proceeding in which the judge decides whether release conditions are enough to protect the community and make sure the person returns to court. Each side may present information, and a lawyer can explain what the judge is considering.

Why rules differ from state to state

There is no single national bail system for state crimes. Each state sets its own rules about who may be released, what conditions can be imposed, how bail is calculated, and whether bail bond companies are allowed to operate. Courts across the country have discussed the principles behind pretrial release, and the rules can change. That is one reason to speak with a lawyer who practices in the county where the case is filed.

Questions to ask at the first hearing

• Is release available, and on what conditions?
• If bail is set, how can it be paid, and what forms of payment are accepted?
• Is there a way to ask the judge to review the decision?
• What is my next court date, and what happens if I miss it?
• Can I speak with a lawyer before the hearing?

What to keep in writing

Keep every receipt, bond agreement, and court order. Note the court date and the courtroom number. If you pay a bail agent, get a copy of the contract and the receipt. If a condition seems unclear, ask the court or your lawyer to explain it, and write down the answer.

When to talk to a criminal defense lawyer

A lawyer can help at the first hearing, at a detention hearing, and when bail or bond conditions create problems at work or at home. Ask whether the lawyer handles cases in the local court, how fees are set, and what they can do to ask for a change in conditions. Our criminal defense practice page lists criminal defense lawyers by state.

If you cannot afford a lawyer, ask the court about appointed counsel at your first appearance.

Frequently asked questions

Do I get my bail money back? If you post cash or property with the court, it is generally returned after the case ends if the conditions were followed. Ask the bail agent whether the fee is refundable, and read the contract for the answer.

What happens if I miss a court date? A judge may issue a warrant, and the security posted for bail may be forfeited. Contact your lawyer or the court right away if you have a problem getting to court.

Can bail be lowered? Some courts allow a review of the amount or conditions. Ask your lawyer whether a review is available in your county and what information would be needed.

Is a bail bond the same everywhere? No. Bail bond rules, fees, and regulation vary by state and sometimes by county. Check the rules where the case is pending.

General information, not legal advice. Laws change and every case is different. Talk to a licensed attorney in your state about your situation.