Also known as: bail · bails · bailed · bailing · release on bail
Written by attorneys · grounded in primary & secondary sources — see below
To release a defendant from custody upon the posting of security to ensure future court appearance. The security may take the form of cash, a bond, or sureties who assume responsibility for the defendant's return.
Brooke Bryant was arrested on a minor theft charge. The magistrate set bail at $500,000 despite her clean record and strong community ties. Her attorney argued the amount exceeded what was needed to assure appearance. The court reduced the bail after finding the original figure violated constitutional limits.
Barbara Bennett faced state charges but was transferred to federal court. The clerk forwarded her bail papers along with the case file. The receiving district accepted the existing bond without requiring new security. Bennett remained free under the original terms while proceedings continued.
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Bethany Boyd was convicted at trial and sought release pending appeal. The court considered her prior compliance with bail conditions. Because the conviction replaced pretrial restraints, the judge denied continued bail. Boyd began serving her sentence immediately.
Brittany Bell was released on bail before her jury trial. The court ensured her conditions allowed attendance without restricting her ability to consult counsel. Bell appeared for every proceeding and the jury heard the case without delay from custody issues.
Brendan Burns failed to appear for a scheduled hearing. The court declared the bail forfeited under the bond terms. His surety later showed good cause for the absence and the judge set aside part of the forfeiture. The remaining amount was collected after default judgment.
Bradley Banks challenged a bail condition that required daily reporting. The court reviewed whether the condition was necessary to assure appearance. Finding the requirement overly broad, the judge modified it to weekly check-ins. Banks remained released under the adjusted terms.
The Eighth Amendment prohibits excessive bail. Courts must set an amount reasonably calculated to assure the defendant's appearance without being punitive.
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A court must declare bail forfeited if a condition of the bond is breached. It may later set aside the forfeiture in whole or in part if justice does not require enforcement.
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A defendant released on bail remains subject to significant restraints on liberty. Federal courts therefore treat such a person as in custody for habeas jurisdiction.
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The clerk must transmit any bail to the clerk in the district where the offense was allegedly committed. The prosecution then continues in the transferee district under the existing bond.
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…during the reign of Queen Mary in the 16th century, 1 & 2 Phil. & M., c. 13 (1554), and 2 & 3 id. , c. 10 (1555). These Marian bail and committal statutes required justices of the peace to examine suspects and witnesses in felony cases and to certify the results to the court. It is doubtful that the original purpose of…