Legal Definitions - admission to bail

Admission to bail refers to a court's decision in a criminal case to allow an accused person to be released from custody while they await their trial or other court proceedings. This release is granted on the condition that the individual, or someone on their behalf, provides a financial guarantee—known as "bail"—to ensure they will appear in court whenever required. If the person fails to appear, the bail money or guarantee may be forfeited.

The amount of bail is set by the court and can vary significantly based on factors such as the seriousness of the alleged crime, the defendant's criminal history, their ties to the community, and whether they are considered a flight risk or a danger to others. Once the case concludes, and if the defendant has met all court appearances, the bail money is typically returned.

• Example 1: A Minor Traffic Offense

  Imagine a person, Ms. Chen, is pulled over and arrested for driving with a suspended license. At her first court appearance, the judge reviews her case. Since it's a non-violent offense and Ms. Chen has no prior history of missing court dates, the judge grants her admission to bail and sets a relatively low bail amount of $500. Ms. Chen's friend pays the $500 cash to the court, and Ms. Chen is released from jail, free to return home and prepare for her upcoming trial date.

  This illustrates admission to bail because the court has issued an order allowing Ms. Chen's release from custody before her trial, contingent on the payment of a specific bail amount to guarantee her future court appearances.

• Example 2: A Complex Financial Crime

  Mr. Davies, a financial advisor, is arrested and charged with several counts of investment fraud, a serious felony. During his bail hearing, the prosecutor argues that due to the severity of the charges and the potential for a lengthy prison sentence, Mr. Davies might attempt to flee the country. However, Mr. Davies's attorney presents evidence of his strong community ties, including his family, local business, and property ownership. The judge grants admission to bail but sets a very high amount—$250,000—to reflect the seriousness of the charges and mitigate the flight risk. Mr. Davies's family works with a bail bondsman, paying a percentage of the total amount, to secure his release.

  This demonstrates admission to bail by showing how a court can set a substantial bail amount for a serious but non-violent crime, allowing a defendant to be released while still ensuring a strong financial incentive for them to appear in court.

• Example 3: Repeated Failure to Appear

  Mr. Evans is arrested for a second-degree assault charge. The court notes that Mr. Evans has a history of failing to appear for previous court dates in unrelated cases and has several outstanding warrants. Given this pattern, the judge determines that Mr. Evans poses a significant flight risk and potentially a danger to the community if released. Consequently, the judge denies admission to bail altogether, meaning Mr. Evans will remain in jail until his trial, regardless of whether he or his family could post bail.

  This example illustrates the concept of admission to bail by showing a scenario where it is denied. Even though the right to bail is generally guaranteed, courts can refuse admission to bail in extreme circumstances, such as when a defendant is deemed a severe flight risk or a danger, thereby keeping them in custody.