Legal Definitions - post bail

To post bail means to provide a court with a financial guarantee, typically money or property, to secure the temporary release of an arrested person from custody. This guarantee ensures that the individual will appear for all required court proceedings. If the person fails to appear as promised, the bail may be forfeited to the court.

Here are some examples:

• Example 1: Cash Bail for a Misdemeanor

  After being arrested for a minor traffic violation that resulted in a misdemeanor charge, Maria was informed that her bail was set at $500. Her sister went to the courthouse and paid the full $500 in cash to the court clerk. This action allowed Maria to be released from jail until her scheduled court date.

  Explanation: Maria's sister posted bail by directly depositing the required cash amount with the court, securing Maria's temporary release.

• Example 2: Using a Bail Bond Service for a Felony Charge

  John was arrested on a felony charge, and the judge set his bail at a substantial $50,000. Unable to afford the full amount, John's parents contacted a bail bond company. They paid the company a non-refundable fee, typically 10% of the bail amount ($5,000 in this case), and the bail bond company then guaranteed the full $50,000 to the court, allowing John to be released.

  Explanation: John's parents, through the bail bond company, effectively posted bail. The bail bond company acts as a surety, guaranteeing John's appearance in court in exchange for a fee, thus fulfilling the bail requirement.

• Example 3: Property Bond for a High-Value Case

  Sarah was facing serious charges, and her bail was set at $250,000. Instead of cash, her attorney arranged for her to use a property bond. Sarah owned a house with significant equity, which she pledged as collateral to the court. The court placed a lien on her property, ensuring that if she failed to appear for her court dates, the court could seize the property to cover the bail amount.

  Explanation: Sarah posted bail by offering her real estate as security. This demonstrates that bail can be secured with valuable assets other than cash, with the property serving as the financial guarantee for her court appearances.