What is bail?
Bail is money. When a defendant is charged with a crime, he or she may
be asked to pay bail before they are released from custody.
Why do we have bail?
Bail exists to ensure that the defendant will come back to court and face
his or her charges. Bail forces a defendant to give up something of value
in order to get out of jail while their case is working its way through
If a defendant opts not to return to court, then the court will issue a
warrant directing police to find and detain the defendant. A defendant
who forces the court to issue a warrant by not appearing also risks losing
his or her bail money because the court could take the money to punish
If the defendant commits a new crime while released on bail, they could
also be detained for a period of time (to a maximum of 90 days) in addition
to possibly forfeiting, or giving up, the bail money to the court.
Does everyone have to pay bail?
No, in fact, most people do not have to pay (or “post”) bail
at all. When deciding whether or not to make a defendant pay bail, the
courts start with the idea that everyone has a right to get out of jail
by making a promise to come back to court. This is called “personal
recognizance” bail, or “P.R.” for short.
Will I get bail?
Yes, unless you are charged with a very serious crime (anything carrying
a life sentence if convicted and certain other violent offenses), you
will get bail.
How much bail to I have to post?
Most people only have to promise to come back. However, some people may
have to pay money to get out. If you have to pay money to get out, then
the amount of money is determined by the judge.
The judge just doesn’t “make it up”. Instead, the judge
starts with the charge. Certain charges have a certain amount of bail
money attached to them by a rule of court. Basically, if the charge carries
10 years to serve if convicted, then the bail is $10,000. If the charge
has 20 years attached, then the bail is $20,000, and so on up to $50,000.
The judge will make the bail “with surety”. That means that
the defendant only has to pay 10% of the bail (a $1000 for a $10,000 with
surety bail). The 10% is like a promise that the defendant is good for
the other 90%.
The judge can go higher or lower depending on certain factors like, the
defendant’s criminal record, his or her record of not showing up,
the facts surrounding the new crime, and just about anything else that
touches on the defendant’s risk to the community and the likelihood
that they will come back to court.
Where can I pay bail?
In court after the judge determines the bail or at the ACI (Adult Correctional
Institution i.e. prison) in Cranston if the defendant is sent back there
Can I use a bail bondsman?
Yes, RI allows defendant’s to use a bail bondsman. Bail bondsman
charge money to post the bail. But, after the case is concluded, the bail
bondsman keeps the fee. If the defendant posts the bail by himself, then
he gets the money back after the case in concluded.
What happens if I am held without bail?
In very serious cases like murder, rape, certain kinds of robbery, and
certain kinds of drug trafficking offenses, the defendant can be held
When this happens, the defendant has a right to a “bail hearing”
where the state has to prove the defendant is a danger to community and
should be held without bail for the duration of the case until it is over.
This is a very serious decision and the defendant should obtain a criminal
lawyer as soon as possible.