A defendant without cash or collateral to post bail is always relieved when a bailsman arrives to post bail. When bail is posted, most people assume they will walk free, at least until a court hearing. But if you are considered a flight risk, a judge may impose additional restrictions on your movements.

When is a bail bond used?

If you are not considered a flight risk, you will be released on your own recognizance—a signature and promise to appear—in which case, you do not need to pay bail.

Or a judge may use his discretionary power and require you post bail. Bail is a pre-trial restriction placed on a person to compel them to comply with the judicial process by attending court hearings. A judge will consider if you have a past criminal record, your employment situation, family obligations, and length of time in and safety risk to a community, among other factors. But it is not the only restriction that can be imposed. 

If you are considered a risk of jumping bail, the judge may order electronic and GPS monitoring, curfews, geographic limitations, and other restrictions. These restrictions are also placed on individuals to protect them from doing harm to themselves and others. 

Other Bail Release Conditions

Regardless of the type of offense, the judge foremost considers flight risk and community safety when setting the conditions of release on a bail bond. However, additional release conditions are more likely to be imposed on the following types of arrest bail bonds:

Felony bail bonds — Because felonies are serious crimes that often involve acts of violence, the defendant is considered a higher risk to the community and may also be subject to no-contact orders or firearm restrictions. 

Possession bail bonds — A judge will place limitations on movements in an attempt to restrict a drug user from using drugs or a dealer from distributing drugs. 

Non-arrest bail bonds — If you have missed a court appearance, voluntarily or involuntarily, an arrest warrant will be issued. You can have the warrant removed by having a bondsman post a non-arrest bail bond. The non-arrest bail bond dismisses the warrant for your arrest.

Resisting arrest bail bonds — These are issued to a person charged with felony resisting arrest involving a weapon has demonstrated disrespect towards legal authorities and the legal process. 

Probation violation bonds — Pending probation violation hearings, the judge may impose a high bail bond, alongside other restrictions as an alternative to jail.

If, however, your sentence requires mandatory incarceration, your lawyer will not be able to request bail or any other conditions as a substitution for jail.