What Is Bail?

All state constitutions guarantee a defendant the right to bail if the court concludes the defendant will appear for trial and will not endanger the victim or the public. However, most constitutions also gives victims the right to be protected from further harm by the defendant and to speak at the bail hearing. The judge will decide whether to impose bail and conditions of release to protect the victim and the public. If a defendant posts bail and then fails to appear for any scheduled hearing, the cash or property may be forfeited to the state government and an arrest warrant issued.

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