Cash Bail vs. Surety Bond vs. Release on Recognizance

"Bail" is often used loosely, but courts have several ways to release someone before trial. Which ones are available depends on state law, the charge, and the judge.

The defendant signs a promise to appear. Judges consider ties to the community, criminal history and the nature of the charge. In the federal system, the Bail Reform Act directs judges to release on the least restrictive conditions that will reasonably assure appearance and safety.

Paying the full amount directly to the court avoids a premium, but ties up money for the length of the case, which can be many months.

Some states, such as Illinois before its 2023 reforms, used a system where the defendant deposited 10% with the court and most of it was returned. Where available, this can be cheaper than a commercial surety bond.

A licensed bail agent guarantees the full amount for a non-refundable premium. See What is a bail bond?

Any type of release can come with conditions: no-contact orders, travel limits, drug testing, check-ins with pretrial services or electronic monitoring. Violating conditions can lead to revocation of release.