When somebody is arrested and put in jail, getting out of jail is undoubtedly their main objective. Initially, a judge or magistrate determines if the accused can be released on personal recognizance, an unsecured appearance bond or if additional conditions are required. These conditions or restrictions are usually non-monetary.

If release on personal recognizance or unsecured appearance bond won't guarantee an accused's appearance or will endanger the safety of a person or the community, then the court can impose more conditions. One of the most important factors in determining if release is appropriate is the nature of the offense charged. In most states, bail may be denied in capital offenses, like murder.

Release on Personal Recognizance

Release on personal recognizance is when the judge decides that an accused is reliable and has strong community ties, which allows him to be released without posting any money. Basically, personal recognizance is a written promise by the accused to appear in court when required.

Release on Unsecured Appearance Bond

An unsecured appearance bond allows an accused, who’s in jail, to post a cash bond in a specified amount in return for being released. The amount of the bond, which is set by the court, varies with the seriousness of the charge.

When an accused posts bond, the court has the right to ask where the money comes from. Determining the source of the money is particularly important in cases where a portion of criminal proceeds may be used to secure the release. A judge can refuse to accept bond if an accused won’t explain the source of money for the bond.

Release on Conditions

If a judge decides that conditions for release are necessary, the court must impose the least restrictive condition or set of conditions. The court can consider several conditions for release, including requiring the accused to:

  • Maintain or actively seek employment
  • Maintain or begin an educational program
  • Follow travel restrictions - surrender a passport or electronic tether
  • Avoid all contact with the victim and witnesses
  • Regularly check in with police
  • Follow curfew
  • Not possess any weapons
  • Not use drugs or alcohol
  • Not commit any other crimes

Pretrial release on conditions isn't always appropriate. If no combination of conditions can guarantee appearance at trial and the safety of the community, the accused remains jailed.

Failing to Comply with the Terms of Release

If an accused fails to comply with the terms of release, the court can impose financial penalties. For example, if an accused fails to appear, they may have to forfeit real or personal property previously pledged. Also, the court can freeze the assets of an accused as a penalty for not appearing.

Bail allows an accused to be free before trial to help prepare the case. At the same time, the conditions of bail must make sure that the accused shows up as required and that the community is kept safe.

Questions for Your Attorney 

  • Can the victim or anyone else appear in court to challenge the bail or conditions?
  • Can the bail amount or conditions be appealed?
  • Can anyone pay bail? Can it be paid by credit card?