FREQUENTLY ASKED QUESTIONS

What is the purpose of Bail?
The purpose of bail is to assure the attendance of the defendant, when his or her appearance is required in court, whether before or after conviction. Bail is not a means of punishing a defendant nor should there be a suggestion of revenue to the government.

Is Bail a matter of Right?
Even though the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right.

Is a Public Safety issue measured in the decision to admit a defendant to bail, or to deny Bail?
One's Bail can be denied in certain non-capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption of guilt is evidently great, bail may be denied in the following instances: In felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm to others. In a felony case, if the court finds on clear and convincing evidence that the accused has threatened another with great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The decision to grant or deny bail is subject to review on a court petitioned motion by the defendant.

What is considered by the Court in fixing the amount of the bail?
The amount of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to penalize or punish the defendant, but only to secure the appearance of the accused, and it should be set with that in mind. Second: Excessive bail, not warranted by the circumstances or the evidence at hand. Is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record, and the probability of the defendant appearing at the trial or hearing.

What is Bail?
The word or term "Bail" can be used to refer to different and distinct matters: (1) It may indicate the security-cash or bond-given for the appearance of the defendant. (2) It may also mean the bondsman (i.e., the person who acts as surety (signer on the bail bond) for the defendant's appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity.

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