Bail FAQs - Getting Out of Jail After an Arrest:

What you need to know about bail (what it is, how it's set, and how to pay it.):

A person's first thought upon landing in jail is often how to get out -- and fast. The usual way to do this to "post bail." Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail. But if the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest.

How Bail Is Set:

Judges are responsible for setting bail. Because many people want to get out of jail immediately (instead of waiting up to five days to see a judge), most jails have standard bail schedules that specify bail amounts for common crimes. An arrested person can get out of jail quickly by paying the amount set forth in the bail schedule.



If a person can't afford the amount of bail on the bail schedule, he or she can ask a judge to lower it. Depending on the state, this request must be made either in a special bail setting hearing or when the person appears in court for the first time (usually called the arraignment).

Paying Bail:

Bail can take any of the following forms:

cash or check for the full amount of the bail
property worth the full amount of the bail
A bail bond is like a check held in reserve: It represents the person's promise that he or she will appear in court when required to. The bail bond is purchased by payment of a nonrefundable premium (usually about 10% of the face amount of the bond).

Getting Out of Jail Free:


•The defendant has resided in the community for many years.
•The defendant has a job.

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