The term Bail is
used in several distinct senses: (1) It may mean the security—cash
or bond—given for the appearance of the prisoner. (2) It may mean
the bondsman (i.e., the person who acts as surety for the
defendant's appearance, and into whose custody the defendant is
released). (3) As a verb, it may refer to the release of the
defendant (he was bailed out). The first meaning is the most common
and should be employed for clarity.
Admission to bail is the order of a competent court that the defendant be
discharged from actual custody upon bail. The discharge on bail is
accomplished by the taking of bail (i.e., the acceptance by the
court or magistrate of security—either an undertaking or deposit—for
the appearance of the defendant before a court for some part of the
criminal proceeding).
Bail is evidenced by a bond or recognizance, which ordinarily becomes a
record of the court. The bond is in the nature of a contract between
the state on one side and the defendant and his sureties on the
other. The agreement basically is that the state will release the
defendant from custody the sureties will undertake that the
defendant will appear at a specified time and place to answer the
charge made against him. If the defendant fails to appear, the
sureties become the absolute debtor of the state for the amount of
the bond.
