Bail Terms Glossary

Short, plain-English definitions of the terms that come up throughout this site. Each links to a full article where one exists.

Bail — The amount of money (or property) set by a court as a condition of releasing someone from custody before trial, meant to ensure they return for their court dates.

Bail schedule — A pre-set chart of standard bail amounts by charge, used by most jails to set an initial bail figure without waiting for a judge.

Bail bond / surety bond — An agreement in which a licensed bail bond agent posts the full bail amount with the court on a defendant's behalf, in exchange for a non-refundable premium. See: What Percentage Do You Pay for a Bail Bond?

Bondsman / bail bond agent — A person licensed by the state to write bail bonds, typically backed by a surety insurance company.

Premium — The fee paid to a bail bond agent for writing the bond, commonly around 10% of the total bail amount, and not refundable. See: What Percentage Do You Pay for a Bail Bond?

Indemnitor / cosigner — The person who signs the bail bond agreement and takes on financial responsibility for the full bail amount if the defendant fails to appear in court. See: What Is a Bail Cosigner (Indemnitor) Risking?

Collateral — An asset (cash, real estate equity, a vehicle title, etc.) pledged to a bail bond company to secure a bond, which can be claimed if the bond is forfeited. See: What Counts as Collateral for a Bail Bond?

Cash bail — Paying the full bail amount directly to the court, generally refundable once the case concludes and all court dates are met.

Property bond — Using real estate equity, instead of cash, as security for bail.

Release on recognizance (OR release) — Release without any payment, based on a written promise to appear in court; granted by a judge, not something you can request for someone else.

Failure to appear (FTA) — Missing a required court date after release, which triggers a warrant and, if a bond was used, the forfeiture process. See: What Happens If Someone Skips Bail?

Bail forfeiture — The court's declaration that the bail amount (or bond) is owed in full because the defendant failed to appear.

Exoneration (of a bond) — The formal release of a bail bond's obligations once the case concludes and all court appearance requirements were met; this is also when pledged collateral is returned.

Bail enforcement agent / bail recovery agent — Sometimes informally called a "bounty hunter"; a person authorized (where state law permits) to locate and return a defendant who has failed to appear, on behalf of a bail bond company trying to avoid forfeiture.

Bench warrant — A warrant issued by a judge, commonly for failing to appear in court.

Arraignment — The court hearing where a defendant is formally informed of the charges and enters an initial plea; bail is often set or reviewed around this time for charges that don't fall under a standard bail schedule.

Detention hearing — A hearing (used in federal cases and in some state and juvenile cases) where a judge decides whether a defendant will be released and under what conditions, rather than bail being set by a fixed schedule.