Bail

Bail is money or a bond paid to the court to allow a person charged with a crime to be released from jail while waiting for their trial. It acts as a guarantee that the person will return for their court dates. If they fail to appear, they can lose the bail money and may be arrested again.

For minor crimes, bail amounts are often set in advance by a bail schedule, meaning the person can pay and be released quickly without waiting for a judge. For more serious offenses, bail is decided at a court hearing (arraignment), where a judge considers factors like the severity of the crime, the person's criminal record, and whether they might flee or pose a danger to others.

There are different types of bail. Cash bail is when the full amount is paid upfront. If the person attends all court dates, they may get most of the money back. Bail bonds are used when the person can’t afford bail; they pay a fee to a bail bond company, which covers the rest, but the fee is non-refundable. Personal recognizance is when a judge allows release without payment, based on trust that the person will return.

Bail helps prevent unnecessary jail time before trial, but critics argue it unfairly affects low-income individuals who can’t afford to pay. Some areas are reforming or eliminating cash bail to create a system based less around the financial wealth of individuals.