Pretrial Release Violations & Bail Forfeiture


The majority of defendants charged with a crime are afforded the opportunity to be released prior to trial, provided they agree to return for future court dates and do not commit new crimes. The United States Constitution and almost every state constitution specifies that “[e]xcessive bail shall not be required.” 

A defendant may secure pretrial release through cash bail, bail bond, property bond, or in some cases, on the person’s own recognizance. Each state has its own procedures for setting bail and release. A violation of the release terms may result in bail forfeiture or a new criminal offense.

Learn more on this page about the purposes of bail and consequences for pretrial release violations.