Criminal procedure
Bail and Bond
Bail is the money or property pledged to the court to secure a released defendant's return, and the bond is the document promising it.
Federal practice leans on unsecured bonds far more than cash. A defendant may be released on a personal recognizance bond, promising to pay a set amount only if they fail to appear, or on a secured bond backed by property or a third-party signature.
Conditions travel with the bond. Surrendering a passport, staying in the district, avoiding contact with witnesses, and reporting to pretrial services are typical, and violating any of them can send the defendant back into custody.
Federal practice rarely looks like the cash bail seen on television. The governing statute prefers the least restrictive conditions that will work, so most released defendants sign a bond promising money rather than posting it up front.
How it appears on a docket
ORDER Setting Conditions of Release: $250,000 unsecured appearance bond co-signed by two family members; travel restricted to the district; passport surrendered.
Governing rule
18 U.S.C. Sec. 3142(c); Fed. R. Crim. P. 46
Related terms
- Detention Hearing — A detention hearing is the proceeding where a judge decides whether a federal defendant is released before trial or held in custody.
- Pretrial Services — Pretrial services is the court office that investigates a defendant's background before the release decision and supervises them if released.
More on criminal procedure
See this term in a real case
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