Legal Definitions - cash bail

Cash bail refers to a system where an individual accused of a crime, or someone on their behalf, pays the full amount of money set by a court directly to the court. This payment serves as a financial guarantee that the accused person will attend all required future court dates and proceedings. If the individual fulfills this obligation by appearing for every scheduled court appearance, the full cash amount is typically returned to them at the conclusion of their case. However, if they fail to appear, the court may keep the money.

Here are some examples illustrating cash bail:

• Example 1: Minor Offense Release

  A person is arrested for a misdemeanor, such as a minor public disturbance, and the judge sets their bail at $300. To secure their immediate release from custody, the individual's friend goes to the courthouse and pays the entire $300 in cash to the court clerk. This payment allows the accused to go home, with the understanding that they must attend their upcoming court hearing. Once the case is resolved and they have made all necessary appearances, the $300 is returned to the friend.

• Example 2: Securing Appearance for a Felony Charge

  An individual is charged with a non-violent felony, and the court sets a cash bail of $5,000. To avoid remaining in jail while awaiting trial, their family pools resources and pays the full $5,000 directly to the court. This cash payment ensures the accused's release, contingent on their promise to appear for all subsequent court dates, including preliminary hearings and the trial itself. If they comply, the $5,000 will be refunded to the family at the end of the legal process.

• Example 3: Return of Bail Upon Compliance

  A small business owner is arrested for a minor regulatory infraction, and the court sets cash bail at $1,200. The business owner pays the $1,200 in cash to the court. They are subsequently released and diligently attend every court hearing, from their initial arraignment to the final resolution of their case. After the judge issues a final decision and all court appearances are complete, the court processes a refund, and the full $1,200 is returned to the business owner. This demonstrates how cash bail functions as a temporary financial guarantee, returned once the accused has fulfilled their obligation to appear.