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Letter B
criminal

Bail

Money or property deposited with the court to secure the release of a defendant from custody, ensuring their appearance at future court proceedings.

Encyclopedia entry: Bail

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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
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.