How Bail Works

Bail is how someone who has been arrested can be released while the case is pending, with conditions meant to make sure they come back to court. The rules vary a lot by state, and several states have changed their bail systems in recent years.

How bail is set

After an arrest, bail may come from a preset schedule for common charges or be set by a judge at a first appearance or bail hearing. Judges usually consider:

The seriousness of the charge.
Criminal history and past missed court dates.
Ties to the community, such as a job, family and how long the person has lived there.
Any risk to public safety or to a specific person.

Types of release

Release on recognizance (ROR): release on a written promise to return, with no money paid.
Release with conditions: for example, check-ins, no-contact orders, travel limits or electronic monitoring.
Cash bail: the full amount is paid to the court and is generally returned, minus some fees, if the person makes all court dates.
Bail bond: a bail bond company posts the bail in exchange for a non-refundable fee, often a percentage of the bail, and may require collateral. A few states do not allow commercial bail bonds.
Detention without bail in limited, serious cases.

Missing court

Missing a court date can lead to a warrant, new charges and losing the money or collateral posted.

If bail is too high

A defense lawyer can ask the court to lower bail or change the conditions at a bail review hearing, presenting information about the person's job, family and community ties. That hearing is often one of the first and most important things a lawyer does.

Find a criminal defense attorney near you.

This guide is general information, not legal advice. Bail rules vary by state.