bail

Bail is the money a defendant pays as a guarantee that they will show up in court at a later date. A failure to return triggers the bond obligation and allows the court to keep any money given as security . According to the American Bar Association , the judge or magistrate decides the amount of bail by weighing many factors, including:

• the risk of the defendant fleeing,
• the type of crime alleged ,
• the "dangerousness" of defendants, and
• the safety of the community.

Sometimes bail is conditioned on certain behavior of the defendant; for example, that they have no contact with the alleged victim .

[Last reviewed in November of 2024 by the Wex Definitions Team ]

Wex

• ACADEMIC TOPICS
• trial process/advocacy
• THE LEGAL PROCESS
• criminal law
• criminal procedure
• wex definitions
• courts and procedure
• criminal law and procedure
• individual rights