Under current United States law, a defendant ordinarily has a right to bail unless there is sufficient reason not to grant it. The main reasons for refusing bail are that the defendant is accused of an imprisonable offense and there are substantial grounds for believing that the defendant: a) will leave the area, b) will commit further offenses while on bail, or c) will interfere with witnesses. The court may also refuse bail in several other circumstances, for example the defendants own protection or defendants refusal to give correct name and other information or based upon their danger to the community.
Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety, if the court considers that this is necessary. Failure to comply with bail conditions may lead to arrest and custody, unless the court is satisfied that they will comply with their conditions in future. Courts will often revoke bail for failing to attend court on time as required.
Some common forms of bail include: Recognizance - a promise made by the accused to the court that the defendant will attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. Surety - when a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10 percent of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. Cash - where the only form of bail that the Court will accept is cash.
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