Bail and Bond

Jon'a F. Meyer

The justice system employs bail to induce released defendants to appear for their criminal trials. In order to be released before trial, defendants are ordered to deposit money or other collateral with the court. Defendants who flee the jurisdiction forfeit their collateral and will still be brought to trial if they are captured. Those who return for trial, on the other hand, are entitled to the return of their collateral whether or not they are found guilty. Typically, judges are responsible for setting bail, but prosecutors and police officers set bail in some jurisdictions. Even when judges are responsible for setting bail, other individuals (e.g., the prosecutor or a victim) may influence the decision on whether to grant bail or on how much bail is required. A prosecutor, for example, may ask that bail be denied because the accused represents a danger to the community or victim, or may ask ...

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