Identification

• When a person is charged with a crime, a judge must determine what to do with him while he waits for trial. If it is a minor crime and it is likely the defendant will show up in court, the judge could release him on his own recognizance. This means the judge believes the defendant's promise to appear in court. If it is a major crime and the judge fears that the defendant will not show up for trial, the prisoner could be kept in jail until then. For all situations in between, the judge will give the defendant the option of posting bail.
  
  

Significance

• The judge determines an amount for bail taking into consideration the severity of the crime, resources of the defendant and likelihood that defendant might not show up for trial. The bail is an incentive for the defendant to return. It can be posted in cash or another kind of collateral, like property. If the defendant does not appear when ordered, the bail is forfeited to the court and the defendant does not get it back. Failing to appear in court is also a separate crime. If the defendant shows up for all court hearings, the bail money is returned at the end of the trial. This is regardless of whether the verdict is guilty or not guilty.
  
  

Types

• Bail is usually quite high. This is done intentionally so that defendants will suffer greatly if they fail to show up for trial. If the defendant does not have the bail money, she can get a bail bond. A bond agent posts the bail for the defendant to secure her release from jail. In return, the defendant signs a contract promising to appear in court and pays a fee. This fee is usually 10% of bail amount, but it can be as high as 20%. The defendant does not get the fee back. It is the bond agent's compensation for providing the collateral for bail.
  
  

Effects

• Bail agents are also called bail bondsmen. They become liable for the bail amount if the defendant "jumps bail" and fails to appear in court. Bail agents sometimes protect themselves by requiring the defendant to provide collateral to them. This can be real estate, a vehicle or precious jewelry. Friends and relatives of the defendant can also provide collateral on the defendant's behalf. A bail agent may send a bounty hunter after a bail jumper to forcefully return him to court. The bail agent can then recover her money.
  
  

Considerations

• Some courts offer an alternative to getting a bond if the defendant does not have the money for bail. These courts allow the defendant to give the court 10% of the bail amount instead of giving it to a bail bondsman. This is not a fee. The money is returned to the defendant after the trial if she appears for all their court hearings. This saves the defendant a large amount of money. Some states outlaw bail bonding. Among them are Kentucky, Oregon, Illinois and Wisconsin.