Legal Definitions - go bail

The term "go bail" is a common expression referring to the act of providing a financial guarantee to secure the temporary release of an individual who has been arrested and is awaiting trial or an appeal. This guarantee, known as bail, can be in the form of money directly paid to the court or a bail bond purchased from a surety company. The purpose of bail is to assure the court that the defendant will appear for all scheduled court dates. If the defendant fails to appear, the money or bond may be forfeited to the court.

In some situations, a defendant may be released "on their own recognizance" (often abbreviated as O.R.). This means they are released based solely on their written promise to appear in court, without needing to post any financial bail. This typically occurs when the court determines the individual has strong ties to the community and is unlikely to flee.

Here are some examples illustrating the concept of "go bail":

• Example 1: Family Member Posts Cash Bail

  After Sarah was arrested for a minor offense, her brother, David, wanted to help her get out of jail quickly. He went to the courthouse and paid the full bail amount of $1,500 in cash directly to the court clerk. By doing this, David effectively "went bail" for Sarah, allowing her to be released until her court date. If Sarah attends all her court appearances, the $1,500 will be returned to David.

• Example 2: Friend Uses a Bail Bond Service

  Mark's friend, Alex, was arrested, and his bail was set at $10,000, an amount Mark couldn't pay directly. Instead, Mark contacted a local bail bond agent. He paid the agent a non-refundable fee of $1,000 (10% of the bail amount) and signed an agreement guaranteeing Alex's appearance in court. The bail bond agent then posted a bond for the full $10,000 with the court. In this scenario, Mark "went bail" for Alex by arranging the financial guarantee through the bail bond service, ensuring Alex's release.

• Example 3: Community Organization Assists a Member

  Maria, a recent immigrant, was arrested after a misunderstanding. Her community support organization, recognizing her strong ties to the community and lack of flight risk, decided to assist her. The organization used funds from its legal aid budget to "go bail" for Maria, paying the required $2,500 to the court. This allowed Maria to return home and prepare for her defense with the support of her community, with the understanding that the money would be returned to the organization once her case concluded and she had attended all required court dates.