What Does It Mean If Someone Is Out on Bail?

Being out on bail or released on bond means an individual charged with a crime is allowed to leave custody, provided they meet certain conditions. 

It is essential to recognize that being out on bail or bond does not signify the conclusion of the legal case. Instead, it allows the defendant to leave custody while awaiting trial. During this period, the defendant must comply with court-imposed requirements, which may include attending all scheduled court hearings, abstaining from any further criminal activity, and adhering to restrictions such as travel bans or no-contact orders. 

What Does ‘Out On Bail’ Mean?

Being out on bail means that a person charged with a crime has paid a court-determined amount of money that allows them to leave custody while the case continues until it is resolved through a plea, trial, or dismissal. 

Generally, courts are allowed to set the amount of money defendants must pay as a guarantee that they will return for future court dates. Bail can be paid in cash, property, or through a bail bondsman who charges a fee.

Bails are generally granted on conditions such as attending all court hearings, pretrial check-ins, avoiding further criminal activity, and adhering to restrictions like travel bans.

Note that if bail conditions are violated, the defendant can be rearrested, and bail may be revoked. If the case is resolved favorably, bail money is typically refunded minus any fees paid to the bondsman.

How Does the Bail Process Work?

Generally, after an arrest, an offender is taken to a police station or jail for booking. This is where their personal information, charges, and fingerprints are recorded.

The offender may be held in custody until a bail hearing or released immediately, depending on the severity of the offense. A bail hearing typically takes place within 24 to 48 hours of arrest. In cases involving minor offenses, bail may be determined according to a preset schedule, enabling release without the need for a formal hearing.

During the bail hearing, a judge decides whether to grant bail and sets the bail amount. The decision is typically based on several factors, including the nature and severity of the crime, the offender's criminal history and flight risk, and public safety concerns.

Note that a bail application may be denied if the offender commits a serious offense like murder or if the offender is a flight risk.

If, after considering these factors, the judge determines that the offender doesn't have to remain in custody while awaiting trial, the type and amount of bail will be set. There are various types of bail, including but not limited to cash bail, surety bonds, and property bonds. 

Once the type and amount of bail are determined, the offender, their family, or friends may pay the bail directly to the court or employ the services of a bail bondsman. In the case of utilizing a bondsman, the defendant is responsible for paying the fee, while the bondsman posts the entire bail amount. 

Certain jurisdictions permit payment through cash, check, or credit card, while others necessitate certified funds. After the bail is paid or a bond is posted, the defendant is typically released from custody within a few hours.

After the offender is released from custody, the court may impose specific conditions, such as mandatory attendance at all court hearings, restrictions on contact with victims or witnesses, travel limitations or curfews, and requirements for drug testing or electronic monitoring. Noncompliance with these conditions may result in bail revocation and re-arrest.

What Happens After You Post Bail and Get Released?

After posting bail and being released from custody, the individual is free to return to their loved ones while the case continues. 

Generally, once an individual is released on bail, the court sets specific conditions they must follow, which may include attending all court hearings, restrictions on contact with victims or witnesses, travel limitations or curfews, and submitting to drug testing or electronic monitoring.

If the individual fails to comply with any of the court-imposed conditions, it can lead to the revocation of bail and re-arrest. It may also result in bail forfeiture, where the court seizes the cash or property received as payment for bail.

What Are the Responsibilities of the Person Released on Bail?

When an individual is granted bail, they must perform specific responsibilities to maintain their freedom while their case is ongoing. These duties are in place to ensure compliance with the court's requirements and to guarantee attendance at all legal proceedings. Below are some typical responsibilities of someone out on bail:

• Attend all court proceedings: The primary responsibility of an individual out on bail is to attend all scheduled court hearings related to the case. Missing a court date can result in a bench warrant for arrest, bail revocation, and forfeiture of bail money or collateral.
• Comply with other bail conditions: Depending on the nature of the offense, the court may impose specific conditions that the offender must comply with. This may include no contact orders, curfews, travel restrictions, and wearing electronic monitoring devices.
• Avoid committing new crimes: Anyone who is out on bail is expected to behave in the best possible manner and avoid committing crimes. Failure to do so will result in the revocation of their bail.
• Avoid actions that increase flight risk: Courts assess flight risk when granting bail. To maintain trust, avoid actions that suggest you might flee, such as leaving the jurisdiction without permission or engaging in suspicious behavior that could be interpreted as an attempt to evade prosecution.
• Maintain contact with the bail bondsman: If a bail bondsman is engaged to post bail, it is essential to maintain open communication with them. This is due to their financial responsibility in ensuring your attendance at court. You may be required to check in regularly or inform them about court dates and updates regarding your case. Neglecting to do so could result in the bondsman pursuing your arrest to safeguard their financial interest.
• Pay required fees or costs: If you utilize the services of a bail bondsman, you are obligated to pay their non-refundable fee, which usually ranges from 10% to 15% of the total bail amount.

FAQs About Being Out on Bail 

What does it mean to be released on bail vs. bond?

Being released on bail means the court allows an individual to leave custody by paying a specified sum of money as a guarantee they will return for court appearances. Being released on bond typically refers to when an individual is released from custody because a bail bondsman posts a surety bond on their behalf, assuring the court that they will appear.

Do you get bail money back after court?

Yes, you will receive the bail money back after the case is concluded, provided you have complied with all bail conditions and attended all court hearings. It does not matter if you are acquitted, convicted, or the case is dismissed. 

Can you travel if you're out on bail?

Except in a few cases, most bail agreements include conditions limiting travel to ensure the individual remains available for court appearances and does not pose a flight risk. Typically, individuals are restricted to staying within a specific area.

What happens if you break bail conditions?

The consequences of violating bail conditions depend on the type of violation, the seriousness of the original charges, the jurisdiction, and the court's discretion. Nevertheless, the consequences of breaking bail conditions may include revocation of bail, forfeiture of bail money or collateral, issuance of bench warrants, and additional charges.

How long can you be out on bail before trial?

The duration for which an individual can remain out on bail before their trial is determined by several factors, such as the jurisdiction, the type of charges, the court's schedule, and the complexity of the case. There is no standard time frame for how long a person may stay out on bail, as it continues until the case is concluded or until the bail is revoked.

Can someone be out on bail for serious crimes?

Yes, an individual can be out on bail for serious crimes, depending on the jurisdiction, the nature of the crime, and the court's discretion. 

Bail can be obtained for serious crimes like drug trafficking and armed robbery, but is often more difficult to get compared to minor offenses.