bail legal definition

Security, such as cash, a bond, or property, pledged or given to a court by or on behalf of one accused of committing a crime, to obtain release from incarceration and to ensure the personÂ’s future appearance in court when required during the criminal proceeding. See also preventive detention and recognizance.

To obtain for oneself or another the release from incarceration by providing security to ensure the personÂ’s future appearance at every stage in a criminal proceeding.

To temporarily give possession of personal property to someone. See also bailment.

Bail set in an amount greater than what is reasonable, in light of the seriousness of the alleged crime and the risk that the defendant might flee, to ensure the personÂ’s appearance at every stage of a criminal proceeding. The Eighth Amendment to the United States Constitution prohibits the setting of bail in excessive amounts.