Bail Terms

BAIL TERMS DEFINED

Arraignment
The first step, or formal start, of a criminal case. The session clerk will read the charges in court to the defendant, as well as a summary of the alleged facts of the case.

Bail Warning
Standard warning given by a judge in court that informs a defendant what will happen if they don’t follow or obey by the terms and conditions of their bail.

Default Warrant
An arrest warrant for a defendant who has not appeared for a hearing in a criminal case.

Defendant
In criminal cases, the person against whom a criminal case is brought. In civil (non-criminal) cases, the person against whom a lawsuit is brought. Bail only applies in criminal cases.

Felony
Any crime punishable by imprisonment in a state prison, even if the specific statute or law allows for an alternative sentence to a House of Correction.

Indictment
A formal accusation voted by a grand jury at a prosecutor’s request, which charges a person with a crime. The grand jury indictment replaces the application for a complaint in felony cases. Also called a “true bill” (or a “no bill” if the grand jury fails to indict).

Probable Cause
In criminal cases, reasonable grounds for believing that the facts justify issuing an arrest or search warrant or a criminal complaint, or taking other legal action.

Proceedings
Hearings and other required court appearances related to a defendant’s case.

Property Bond
A piece of property, typically worth 150 to 200 percent of the bail, is posted to guarantee the accused will return to court.

ROR (Release on one's own Recognizance)
No upfront monetary payment, but accused promises to attend future court proceedings, and promises that he or she won't engage in illegal activity, or other activities as determined by the court.

Surety Bond
A percentage of the total bail amount is paid to a professional bail bondsman who, in turn, pledges money to the court and agrees to be responsible for the debt.