Admission To Bail Law and Legal Definition

Admission to bail is an order of a court in a criminal case allowing an accused defendant to be freed pending trial if he/she posts bail. The court sets the amount of bail based on a rate schedule for minor cases or at the defendant's appearance for more serious cases.

Bail bondsmen are usually located near larger courthouses and jails, charge ten percent of the amount of the court-required bond, and often demand collateral for the amount posted. Posting bail is intended to guarantee the appearance of the defendant in court when required. If the defendant appears as scheduled, the bail bond money is refunded. If the defendant fails to appear, the bail bond money is often forfeited.

The following is an example of a statute dealing with admission to bail:

"Recommitment or admission to bail after arrest of judgment--Discharge if evidence insufficient. If from the evidence introduced at a trial there is probable cause to believe a defendant is guilty, and a new indictment or information can be framed upon which he may be convicted, a court may order him to be recommitted to the officer of the proper county or admitted to bail anew to answer the new indictment or information. If there is probable cause to believe him guilty of another offense, he must be committed or held thereon. If no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged or, if admitted to bail, have his bail exonerated."