The only way to get out of jail after an arrest is to depend on the person's credibility and social background to obtain release immediately based on their recognizance if allowed by the judge or seek release on bail with help from the bail agents at Bail, as we all know, is a monetary guarantee provided to the court that allows the person to avoid staying in jail until the trial begins. Since the commencement of trial takes some time, the defendant can enjoy a free life by availing bail.

Bail is not an assured right of the defendant

The bail principle is based on giving the benefit of the doubt to the defendant until the trial begins when he or she gets a chance to prove innocence. The law allows the defendant to avoid jail before the trial starts, and it also allows the defendant to organize his or her legal defense by working closely with lawyers who handle the case. However, bail does not apply to everyone or all types of crimes. The judge decides whether to allow bail by considering how safe it will be to set the person free. While the judge can deny bail by considering the situation, the person’s background, criminal history, community and social standing, and the severity of the crime, some charges are non-bailable and do not have any scope for availing bail.

Bail conditions

While paying the bail amount or furnishing a bail bond will allow the defendant to walk free, it is the defendant's responsibility to respect the law and abide by the conditions imposed along with the bail.  

The following are some typical conditions that the court might impose. 

No-contact orders – The court imposes a no-contact order in cases where the defendant faces charges of making criminal threats, domestic violence, stalking, or other similar crimes. The order refrains the defendant from contacting the victims of the crime.  

Pretrial check-ins – The court may order pretrial check-ins of the defendant who must regularly report to the pretrial service officers as done during parole. It allows pretrial service officers to monitor the defendant before trial to ensure they comply with any conditions or orders imposed by the court.

Travel restrictions – Defendant released on bail must stay put within the area to which they belong unless allowed explicitly by the pretrial services officers or the court.

Employment – The defendant might have to continue with employment if directed by the court. For unemployed defendants, the court might direct them to look for employment during the time they are on bail. 

Firearms restrictions – Defendants might not be allowed to possess firearms while on bail, even if there was no mention of the use of firearms in the charges. 

Substance abuse – Cases of drunken driving, substance abuse, or drug possession related offenses make it mandatory for the court to direct the defendant from abstaining from alcohol and drugs while on bail. 

Violating the bail conditions is a serious offense and can lead to an arrest warrant against the defendant.