Bail and bond are terms frequently encountered within the legal system concerning pretrial release. Bail refers to the money or property pledged to the court as assurance that an individual released from custody will appear for subsequent court proceedings. For example, a judge might set bail at $10,000, meaning the defendant must provide that amount to be released. If the defendant appears in court as required, the bail is returned. Failure to appear results in forfeiture of the bail.
This system is intended to balance an individual’s right to freedom before conviction with the court’s need to ensure their appearance at trial. Historically, the concept arose from the need to prevent individuals from fleeing before trial. The benefits include allowing defendants to maintain employment and family ties while awaiting trial, thereby mitigating potential disruptions to their lives. However, the system has also been criticized for disproportionately affecting individuals with limited financial resources, potentially leading to unjust pretrial detention.
