Common Bail Terms
Understanding bail terminology can help you navigate the process more confidently. Here are key terms you may encounter:
A-D
Arraignment: The first court appearance where charges are formally read and bail may be set or modified.
Bail: Money or property given to the court as a guarantee that the defendant will appear for trial.
Bail Bond: A surety bond posted by a bail bond company to secure a defendant's release.
Bail Schedule: A list of standard bail amounts for different offenses in a jurisdiction.
Collateral: Property or assets pledged to secure a bail bond.
Co-Signer (Indemnitor): A person who signs the bail bond agreement and guarantees the defendant's appearance.
Defendant: The person accused of a crime.
E-L
Exoneration: The release of the bail bond obligation after the case concludes.
Failure to Appear (FTA): When a defendant doesn't show up for a required court date.
Felony: A serious crime typically punishable by more than one year in prison.
Forfeiture: The loss of bail money or bond when a defendant fails to appear.
Indemnitor: See Co-Signer.
Liability: The legal responsibility for payment if the defendant fails to appear.
M-R
Misdemeanor: A less serious crime typically punishable by up to one year in county jail.
O.R. (Own Recognizance): Release without bail based on a promise to appear.
Premium: The fee paid to a bail bond company (typically 10% in California).
Principal: The defendant for whom bail is posted.
Remission: The return of forfeited bail money after the defendant is apprehended.
S-Z
Surety: A bail bond company that guarantees the defendant's appearance.
Surety Bond: A bail bond backed by a licensed bail bond company.
Summary: A bail hearing where bail amount may be adjusted.
Warrant: A court order authorizing arrest, often issued when bail is forfeited.