What Is Bail?

Bail, bond are words that describe the collateral, usually financial collateral, that people post. Cash, in other words, to get out of jail, either on a federal or a state case, after you’ve been charged. The whole purpose of the posting bail or posting bond is to ensure your appearance at all court proceedings. In state courts, there is usually a standard list of how much the bail will be for individual crimes. In federal court, you almost always have to appear before a federal magistrate judge or a federal judge, even if there’s an agreement as to what your bail will be so that the bail can formally be set. It’s based on many factors, the crime or crimes that you’re allegedly involved in, your prior criminal history, your ties to the community. The key questions on bail and bond are number one, are you a flight risk? Number two, are you a danger to the community?

By Jeffrey S. Weiner, P.A.