Bail is security deposited with a court to obtain the release of an arrested person by ensuring that the person will reappear to stand trial. Bail may also be set for a person appealing a sentence. In most cases, the judge sets bail—also known as a bail bond—at a certain sum of money. If the accused appears in court, the money is refunded. If not, it is forfeited. An accused person or a friend or relative may put up the bail; or a bondsman or bondswoman may provide bail for a fee. If the judge requires bail and no one puts it up, the arrested person must stay in jail until the trial. Some people argue that requiring money bail discriminates against people with low incomes who may not be able to afford the required sum.
If the judge believes an accused person will appear as required, the judge may accept the person’s promise to return instead of money. This practice is known as releasing someone on his or her own recognizance.
According to the Eighth Amendment to the United States Constitution, the courts cannot require excessive bail. This provision is designed to prevent courts from setting bail so high that no one could furnish it. However, people do not always have a right to bail. People who are likely to jump bail (fail to appear), such as those accused of murder or espionage, may be denied bail. Repeat offenders or those thought too dangerous to be released may be held in preventive detention.
