Legal Definitions - bail below

Bail Below refers to the initial amount of money or property required to secure a person's release from custody, typically set by a law enforcement officer or a magistrate according to a pre-established schedule for certain offenses. This type of bail is usually set and paid *before* the individual has appeared before a judge for a formal bail hearing, representing the bail set at a lower, administrative level of the justice system.

• Example 1: Minor Traffic Offense

  Imagine someone is pulled over and arrested for driving with a suspended license, a misdemeanor in their state. At the police station, the booking officer informs them that there's a standard bail amount of $500 for this specific charge, as per the county's pre-set bail schedule. The individual's friend comes to the station and pays this $500 directly to the jail staff. This payment is an example of bail below, allowing for release without waiting for a judge to formally set bail at an arraignment.

• Example 2: Pre-Arraignment Release for a Misdemeanor

  A person is arrested late on a Friday night for shoplifting a small item. Because it's a non-violent misdemeanor and the local jurisdiction has a standard bail amount for such offenses, a duty magistrate reviews the arrest report and authorizes a release on a $1,000 bond. The individual's family posts this amount at the county jail over the weekend. This initial bail, set by the magistrate before the individual's first court appearance on Monday morning, is considered bail below.

• Example 3: Standardized Bail for Public Order Offense

  Someone is taken into custody for public intoxication. The police department has a policy that for this specific charge, a standard bail of $250 can be posted directly at the precinct. If the individual or a family member pays this amount to the police department's administrative staff, they are released. This pre-determined and administratively handled bail is an instance of bail below, as it occurs without a judge's specific order in a courtroom setting.