The process involves securing the release of an individual from custody pending trial, typically through the posting of a surety bond or cash. This action allows the defendant to await court proceedings outside of jail. For example, a family might pay a bondsman a percentage of the total bail amount to ensure their loved one’s release.
Securing pretrial release serves several crucial functions. It allows the defendant to maintain employment, consult with legal counsel more easily, and prepare a defense without the constraints of incarceration. Historically, this system developed as a means to balance the presumption of innocence with the need to ensure the defendant’s appearance in court.