How Do I Get Out On Bail Until My Trial?

Bail is money that you provide to ensure that you will appear in court for trial. If you do not have the money to post bail, a relative or friend can post bail on your behalf (or you can go to a bail bondsman, described below). After the trial ends, the court will refund the bail money, usually keeping a percentage for administrative costs.

The law does not automatically guarantee you the right to be released on bail. If the judge decides that the nature of your crime or other factors make you a danger to the public, the judge is likely to set a high bail amount or, in some states, deny bail. Then you would have to remain in jail until a judge or jury decides the case.

The judge also will consider whether you are likely to flee if the court releases you on bail. Points in your favor include strong family ties in the area, longtime local residence, and current local employment. The judge also will consider any negative information that appears about you in a pretrial release report.

If the judge decides bail is proper, the issue then becomes the amount of money that you must post for your release. Your bail may not be excessive (unreasonably high). However, there are no specific guidelines about what the amount of bail should be. Your attorney is permitted to make a request to the judge to reduce the bail or, possibly, set no bail. The term for that is releasing you on your own recognizance (often abbreviated "O.R." or "R.O.R."). This means you will not have to post any bail money. However, you will have made a binding promise to return to court on a date specified by the judge.

If the court grants you O.R. status or releases you on bail, you must reappear in court as agreed. If you do not appear, the judge could revoke your bail or O.R. status. The judge also could issue a bench warrant for your arrest. The police then will find you, take you into custody, and place you in jail. And you will lose your bail money.

Family Legal Guide
Copyright © 2000, 2002 American Bar Association