In a state court, a person is entitled to have bail set in all cases except for capital murder cases. In court a prosecutor must prove a person is a danger to the community or not likely to show up for court appearances before bail can de denied. Often, in federal court, a person my be released on a "personal recognizance" bond without the need for bail.

If bail is set, you can post the bail in one of two ways. The first way is that you or your family can post the full amount of the bail with the sheriff's office. The advantage of doing this is that, assuming you make all of your court scheduled appearances and abide by all court initiated bond conditions, you or your family will get the money back, minus an administrative fee charged by the jail, once your case is finished.

The second way, if you cannot afford to post the full amount of bail, is that you can go through a Bail Bondsmen or an Attorney Bondsmen. These Bondsmen usually charge a fee (usually 10 to 20 percent of the bond) and you do not receive any money back at the end of the case. Bondsmen also may require collateral. In some instances when a person is arrested in a small municipality it is sometimes necessary to hire an attorney in order to get a bail amount set.

There is one thing of which you should be aware, in some courts, if you have a court appointed attorney and you post a bond, the judge may require that you hire your own attorney if you can afford to post a bond. However, if you arrive in court on your scheduled court date and can prove that you truly cannot afford an attorney some courts will give you a court appointed attorney.

If you fail to appear after having posted bail, your bail will be forfeited and a new warrant will be issued for your arrest.

A court, in setting a bail, is required to consider not only the seriousness of the offense charged against you, but also you ability to raise the money to make bail. Bail may not be set so high as to punish you by keeping you in jail pending your trial.