Bail may or may not be required in misdemeanor cases, depending upon the circumstances and seriousness of the offense. More serious misdemeanor cases and felonies often require a bail determination. Bail may come into play at three stages of a criminal proceeding:

• During the pretrial period
• Pending imposition or execution of sentence
• Pending appeal of a conviction or sentence

If bail is not required, a defendant may be released on his or her own recognizance. Releasing someone on personal recognizance means that the person has promised to show up for trial or other court proceedings, without posting a bond. Release on personal recognizance may be appropriate when a person has ties to the community and has lawful and steady employment. Family status is also taken into account. Before release, a defendant must sign a document promising to appear. Failure to abide by the terms of release on personal recognizance may result in revocation of the privilege, or further criminal charges, including immediate arrest. A defendant released on personal recognizance may be required to abide by certain rules. For example, the defendant may be forbidden from traveling outside of the court's jurisdiction, or may be forbidden from contacting the victim or the victim's family.

A court may also impose an unsecured appearance bond on a criminal defendant. A bond amount is set, but the defendant is not required to post any money. If the defendant fails to appear at subsequent proceedings, or violates any terms of the bond, he or she will be required to pay the full amount of the bond.

According to the Department of Justice's Bureau of Justice statistics, for all defendants charged with state felonies in May 2000 in the 75 most populous counties in the country:

• 62 percent were released prior to the disposition of their case
• 38 percent were detained, including 7 percent who were denied bail
• Of those released, 26 percent were released on their own recognizance
• 37 percent were released on a commercial surety bond
• About a third of those released failed to appear for a scheduled appearance, were rearrested for a new offense, or committed a violation that resulted in revocation of the pretrial release