A person who’s arrested and thrown in jail generally has the right to release on bail. Usually, bailing out involves paying the bail amount, contracting with a bail bondsman to post bail, or putting up property as collateral. Alternatively, a judge can order release from jail without requiring bail, based on the defendant’s promise to come back for court. When a judge does this, it’s called release on one’s “own or personal recognizance” (OR release).
With both forms of pretrial release—bail and OR release—judges can, and often do, impose conditions that the defendant must follow while the court case is pending. Bail laws and procedures differ by jurisdiction, but here’s generally how it works with bail conditions.
Bail Conditions
Bail conditions are normally designed to serve two purposes: to ensure the defendant shows up for later court hearings and to protect the community. Judges typically have lots of leeway in deciding what conditions are reasonably necessary to accomplish these purposes. As noted above, these conditions might be in addition to, or in lieu of, bail or bond.
Examples of Typical Bail Conditions
The bail conditions that a judge imposes will ordinarily depend on the facts of the case. But some of the more common conditions require defendants to:
- obey all laws
- refrain from drug and alcohol use and participate in testing
- not possess any weapons
- stay away from certain places or people
- maintain or seek employment
- follow a curfew, and
- comply with specific travel restrictions.
How Judges Decide Bail Conditions
In deciding which conditions are appropriate, a judge will normally consider a variety of factors. These factors might include:
- the defendant’s criminal history
- the defendant’s physical and mental condition
- seriousness and nature of the crime the defendant is accused of committing
- the likelihood that the defendant will flee the jurisdiction, and
- whether the defendant has a history of substance abuse.
For instance, if a defendant was arrested for drunk driving and has a history of getting into alcohol-related trouble, a judge might condition release on the defendant installing an ignition interlock device (IID) or participating in “continuous alcohol monitoring.” And, in a case where a defendant is accused of assaulting someone, the judge will likely require the defendant to stay away from the victim while out on bail.
Can a Defendant Get Bail Without Conditions?
A few states require judges to set a bail amount that a defendant can pay for release without any additional conditions (also called money-only bail). Other states allow judges to set bail without conditions. In either case though, the defendant must still show up for court dates and not break any laws.
Can Bail Conditions Be Dropped or Changed?
Subject to some restrictions, judges can modify most conditions of release at any time. As discussed below, a judge may impose additional or more restrictive conditions when a defendant violates a condition of pretrial release. On the flip side, a defendant can also ask a judge to reassess or revise the conditions of release.
This situation might occur if certain evidence is now available that wasn’t when the initial bail hearing was held, such as testimony on a defendant’s ties to the community. Or a defendant might ask a judge to reconsider a condition the defendant can’t afford, like GPS monitoring. Some states only allow judges to review bail conditions when circumstances have changed substantially. The judge may require a hearing to consider the request.
What Happens If You Violate a Condition of Bail?
Judges normally have several options when a defendant violates a condition of bail. These typically include:
- giving a warning
- issuing a warrant for the defendant’s arrest
- revoking bail and putting the defendant back in custody (jail)
- imposing additional or more restrictive bail conditions
- increasing the amount of cash bail, and
- holding the defendant in contempt of court.
What a judge is apt to do just depends on the circumstances. A minor violation might result in minimal consequences such as a warning. But if a defendant commits a more serious violation like threatening a witness, the judge will likely take harsher measures like revoking bail altogether. (Read about when a court is justified in denying bail because of a defendant’s dangerousness.)
Talk to a Lawyer
If you have questions regarding your bail conditions, speak to a criminal defense attorney. Your attorney can also represent you at the bail hearing and make arguments for the least restrictive conditions.