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How does bail work in Washington?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Constitutional Framework

Wash. Const. art. I, § 20 grants right to bail except capital offenses with proof evident. Amendment 86 (2010) allows denial for life-imprisonment offenses with substantial likelihood of conviction.

2. Cash, Surety, Property, OR Bonds

CrR 3.2 establishes a presumption of release on personal recognizance. Cash, surety, and property bonds permitted when conditions cannot reasonably ensure appearance.

3. Bail Hearing

CrR 3.2.1 requires preliminary appearance within 24 hours of arrest (excluding holidays).

4. Bail Schedules

Superior courts may adopt bail schedules; many counties use local rules.

5. Bail Bond Agent / Bondsman

Licensed by Washington Department of Licensing under RCW Ch. 18.185; 10% premium typical.

6. Conditions

CrR 3.2(d) authorizes electronic monitoring, no-contact, no-firearms, treatment, and supervised release.

7. Bail Forfeiture

RCW 10.19.090 governs forfeiture; 60-day surrender window for surety.

8. Bail Reduction

CrR 3.2(j) allows modification motions on changed circumstances.

9. Pretrial Release Programs

King and Pierce counties operate pretrial services with risk assessment.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Bail set despite PR presumption
  • Capital or life-imprisonment offense charged
  • Bond forfeiture proceeding
Related Statutes & Laws
  • Wash. CrR 3.2
  • Wash. Const. art. I, § 20
  • RCW 10.19

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.