Legal Definitions - bailable offense

A bailable offense is a type of crime for which a person accused of committing it has the legal right to be released from custody before their trial, provided they meet certain conditions. These conditions typically involve posting a financial guarantee known as bail. This bail serves as an assurance that the accused will appear in court for all scheduled proceedings. If the accused fails to appear, the bail money may be forfeited to the court.

Here are some examples illustrating a bailable offense:

• Example 1: A person is arrested for driving under the influence (DUI) after a traffic stop. After being processed at the police station, they are informed that they can post bail to be released.

  Explanation: DUI is typically classified as a bailable offense. This means the individual can usually be released from police custody by paying a set amount of money (bail) to the court, with the understanding that they must return for all future court dates related to the charge. This allows them to avoid remaining in jail while awaiting their trial.

• Example 2: An individual is accused of misdemeanor theft, such as shoplifting a small item from a store. Upon arrest, they are told they can be released if they pay the specified bail amount.

  Explanation: Misdemeanor theft is almost universally considered a bailable offense. The court will set a bail amount, allowing the accused to be released from jail while awaiting their trial, rather than remaining incarcerated for a relatively minor charge. This enables them to prepare their defense from outside of custody.

• Example 3: A suspect is apprehended following a non-violent altercation that results in a charge of simple assault, where no serious injuries occurred.

  Explanation: Simple assault, which does not involve serious injury or the use of a deadly weapon, is generally a bailable offense. The accused can post bail to secure their release, enabling them to continue their daily life and work with their legal counsel in preparation for their court appearances, rather than being held in jail until their case is heard.