bail, in law, procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to insure his submission at the required time to legal authority. The monetary value of the security—known also as the bail, or, more accurately, the bail bond—is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. Bail is usually granted in a civil arrest. Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest, e.g., it is usually refused when the accused is charged with homicide. The Eighth Amendment to the Constitution of the United States provides that "excessive bail shall not be required," but it does not provide any absolute right to bail.

Temporary release of a prisoner in exchange for security given to guarantee the prisoner's appearance at a later hearing. It also refers to the actual security given (e.g., cash). Its main use today is to secure the freedom, pending trial, of someone arrested and charged with a criminal offense. Its use in civil (noncriminal) cases is far less common, as most do not involve imprisonment. The amount of bail is generally set in relation to the gravity of the offense, though other factors, such as the strength of the evidence, the character of the accused, and the accused's ability to secure bail may also be considered. Seealso bond, recognizance.

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