Bail is a legal term that can have different meanings depending on the context in which it is used. Bail may refer to:

• The surety or bondsperson who posts the bail
• The actual bond or money
• The process of obtaining the defendant’s release before conviction

Some common legal uses of the word bail are:

• The “taking of bail,” which means that a court or magistrate has accepted a surety’s undertaking bond to ensure the defendant’s appearance.
• The “admission to bail,” which means that a court or magistrate has ordered a defendant to be released upon payment of bail.

Purpose of Bail
Bail is used to guarantee the appearance of a released defendant. Usually, if the defendant is granted bail, he/she must provide a certain amount of money as security for release.

The Right to Bail
States must recognize a constitutional right to bail. A defendant must be released on bail for most crimes unless the right to bail is limited. Additionally, the amount of bail must be set at a reasonable amount that will ensure the defendant’s return to the court. Generally, to be released on bail, a court must find that the defendant:

• Is not likely to flee; and
• Does not pose a danger to anyone or the community

Statutes generally create the right to pre-conviction (and in some cases post-conviction) bail in all non-capital cases, but a court can hold a bail hearing to determine the feasibility and amount of bail.

Limitations
The right to bail is limited or does not exist in some cases. For example, in all capital cases (where the death penalty is a possible punishment), the defendant cannot be released on bail if there is evident proof or a great presumption that he/she committed the crime. But a defendant in a capital case is still entitled to a bail hearing on whether the proof is evident or the presumption is great.

Also, defendants who are charged with a violent felony or felony sexual assault are not entitled to be released on bail if the facts are lucid and the presumption is great that the person committed the crime and will probably inflict great bodily harm on others. Basically, anytime it appears that a felony defendant is capable and likely to significantly hurt other people, there is no right to bail.

What May Be Used as Bail
Most jurisdictions will accept cash money or a bond from a reputable surety as bail. Some jurisdictions accept credit cards, real property, and state bonds as bail, but a magistrate must approve these types of bail.