Bail Defined
What is "bail"?
Under the 8th Amendment people have a constitutional right to reasonable bail. Many times a jurisdiction will have a bail schedule that they go by where bail is imposed for the offense. A person can post either the entire bail, or post generally 10% through a bondsman, and it is your promise to appear.
What if I can't afford "bail"?
If you can't afford bail, you're out of luck. You will stay in custody for the duration of the process, unless the judge releases you what they call "or", on your own recognizance. Or, the charges against you are dismissed or resolved and you are sentenced.
What is a "bail bondsman"?
A bail bondsman is a person that works for an insurance company and will post a surety bond for your bail. Assuming the court posts your bail at $100,000, if you come up with a 10% fee to a bail bondsman, and have property or sign over for a guarantee of $100,000, you can post something less usually 10% of the bail and be able to get out on a surety bond. A bail bondsman facilitates that process.
What is "skipping bail"?
Bail is posted for your promise to appear. If you have posted a bond or a family member has posted bail for you to appear and you don't show up, you have skipped bail and the bond is then forfeited. That bail money goes to the court, to the county.
What options does a judge have when determining bail?
Most counties have what they call a felony bail schedule that sets the scheduled bail based on the seriousness of the offense. The bail schedule is an agreement that the whole county goes by. The judge can raise bail or lower bail based on a variety of factors, including likelihood of fleeing and the seriousness of the offense. The judge will also determine bail by looking at ties to the community.
