Bail is the amount of money that defendants must post in order to be released from custody until the trial. After all the hearings and appearances have been attended, the bail is returned to the defendant.
The Bail Process
Upon being arrested and having the initial hearing, the judge will determine if a suspect is a danger to the society or themselves, and the court will consider how likely it is that the defendant will come to court to attend their hearings. The judge will also take into account the defendant’s criminal record, if any.
Types of Bail
This means that the accused/defendant/bailee will pay the full amount of bail in cash. There are courts that also accept checks or credit cards.
A surety bond, also known as a bail bond, is when the bailee works with a bail bondsman, who then offers a pledge to pay the amount of bail on his or her behalf if he or she misses a court date. In return, the bail bondsman charges the client a 10% premium and collects some sort of collateral.
A bailee can put a property owned or an asset worth at least the amount required for bail. If he or she fails to show up in court, the property may be foreclosed.
Release on Citation
A release on citation is when a person is not necessarily booked for a crime but is issued a citation to appear before the court.
Release on Own Personal Cognizance
This means that the defendant is responsible for showing up for the hearings and does not have to post bail. The court accepts to release him or her without bail on the basis of his or her promise to attend and participate in the court hearings. This is for less serious crimes.