Legal Definitions - fix bail

To fix bail means that a court, typically a judge or magistrate, determines the specific financial amount and any accompanying conditions that an arrested person must meet to be released from custody while awaiting trial. This decision is made after considering factors such as the severity of the alleged crime, the defendant's criminal history, their ties to the community, and the likelihood of them appearing for future court dates.

• Example 1: A prominent business executive is arrested and charged with a complex financial fraud scheme involving millions of dollars. During the bail hearing, the judge reviews the evidence, the potential flight risk due to the executive's international connections, and the seriousness of the charges. The judge then fixes bail at $1,000,000, requiring a cash bond or a secured surety bond, and imposes additional conditions such as surrendering all passports, wearing an electronic monitoring device, and reporting weekly to a probation officer.

  Explanation: This example illustrates the judge determining both a substantial monetary amount ($1,000,000) and specific non-monetary terms (surrendering passports, electronic monitoring, weekly reporting) that the executive must fulfill to be released from jail before trial.

• Example 2: An individual is arrested for a minor traffic offense, specifically driving with a suspended license, and has no prior criminal record. At the initial court appearance, the magistrate considers the non-violent nature of the offense and the defendant's local employment. The magistrate then fixes bail at $500, allowing the defendant to be released upon payment of this amount, with the standard condition that they must attend all scheduled court proceedings.

  Explanation: Here, the term demonstrates the court setting a relatively low financial requirement ($500) and a basic condition (appearing in court) for release, reflecting the less serious nature of the charge and the defendant's minimal flight risk.