Bail
If you are being held in jail, you have the right to bail. Bail is money deposited or promised to the court in exchange for being released from custody. When you are released on bail, you must make court appearances. If you do not appear when the court tells you, a warrant may be issued for your arrest.
The court will determine how much bail money you have to deposit, and what type of bail release you will receive. There are several types of bail:
- personal recognizance or an unsecured bond
- bond secured by the deposit of 10% of the amount of the bond in cash (90% of the deposit is returned or applied to fine and costs upon compliance with all conditions of bond)
- surety bond
In addition to a deposit, the court can place conditions on your release. These are called conditions of bail. Conditions can include:
- placing the person in the custody of a designated person
- restricting the travel or place of residence of the person during the period of release
- putting the person under house arrest
- electronic monitoring or work release
- controlling the person’s contact with the alleged victim
- requiring a person to attend treatment while on bail
How does the court calculate bail?
Every situation is different. When considering bail for a defendant, the court looks at all of the information available.
The court looks at:
- how the crime was committed
- the evidence
- the defendant’s family ties
- employment
- mental condition
- length of residence in the area
- criminal history
- record of appearance at past court proceedings; and, whether the defendant is on probation or parole
The court has a bond schedule for traffic offenses and other misdemeanors, except domestic violence, menacing by stalking, and violations of temporary protection orders. A defendant can make bail by use of a credit card.
If a defendant fails to appear in court as required a warrant may be issued for his/her arrest and any bail given for his/her release may be forfeited. The defendant may also be charged with contempt of court.