Bail 101
What is Cash Bail?
Cash Bail is a facet of the Criminal Justice system, wherein upon arrest a person who may be held in jail pending their hearing in front of a judge must pay a monetary fee in order to be released pending further hearings. They will then have a hearing in front of a judge. The judge will decide what this fee is or if the person must to stay in jail until their case progresses, in which case, bail is denied. Bail payments are returned to the payor at the end of the process, given that the defendant has attended their court sessions.
There are mainly two types of bail:
Unsecured bail - If the judge decides that a person has unsecured bail, they do not need to pay to leave the jail. They will sign a document agreeing to appear in court as needed. Then, if they do not show to court or are found breaking other laws, they will be held in jail until they pay the unsecured bail amount that the judge initially stated.
Secured bail - The judge will give a person a bail amount. The judge will decide if the person needs to pay the total bail amount or 10% to go home. You can see which on the docket sheet.
Release on own Recognizance (ROR) - This is one of the most common types of bail and is assessed for minor offenses. Evidence from jurisdictions that have implemented bail reform such as Washington DC have found that releasing people on ROR with pre-trial case management and supportive services led to higher, not lower, rates of attendance at court hearings.
What if someone was already on probation or parole and they arrested them again?
If someone under community supervision is re-incarcerated they will likely have a detainer placed on them and will be unable to pay bail to be released. The Public Defenders office will be able to tell you if someone has a county, state, or federal Detainer.
What if someone cannot pay their bail?
Unfortunately, this happens frequently as bail amounts are often higher than working class communities have on hand. If someone is arrested, has a bail set, and does not have a detainer, they have a few options. Ending Cash Bail is essential to stem the harms attributed to the legacy of mass incarceration and rethink public safety in a way that prioritizes safety over isolation.
If available, people can reach out to their local bail fund. Bail funds are nonprofit organizations that fundraise so they can help pay community members' bail for free.
They can contact a bail bondsman. Bail bondsmen are for-profit organizations. They require the person to pay 10% of their total bail in order for the bail bondsman to pay the rest. The person being bailed out then loses the money they paid the bail bondsman.
Lastly, for those unable to pay bail, they are incarcerated pending future hearings or bail adjustments from the courts, which is rare. Many people are incarcerated, including those who committed minor offenses, simply because they cannot pay bail, not because they have been found guilty of a crime.
