Bail is only supposed to be set in cases where the court deems the accused person to be a “flight risk,” meaning they are unlikely to return to court on their own. The purpose of bail is to ensure that the person who pays bail, or who has bail paid on their behalf, will come to court on all of their court dates. However, because some people cannot afford to pay the money required, bail also keeps people in jail until their case is finished or the bail is paid.

The amount of bail money is determined by the judge and depends on several factors, including the alleged charges, prior arrests and convictions, and whether the person has missed any previous court dates.
There is no bail in Family Court. Kids charged with a juvenile delinquency case are either held in detention or allowed to go home with their parents without paying any money.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.