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What to Know About How Bail Works in the U.S.

August 11, 2025
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What to Know About How Bail Works in the U.S.
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President Trump on Monday attacked policies adopted by some states that limit judges’ ability to set bail for defendants, claiming that the measures have hurt public safety.

“Every place in the country where you have no cash bail is a disaster,” Mr. Trump said in a news conference where he announced that he was deploying federal forces to stop crime in Washington. “That’s what started the problem in New York, and they don’t change it.”

Bail is a guarantee, sometimes in the form of cash, that a defendant posts after arraignment. New York, like some other states, has revised its bail laws so that fewer people wind up in jail because they could not afford to post bail.

Mr. Trump, in referring to “no cash bail,” appears to mean policies in which criminal defendants are not required to post bail when they face lesser charges.

Studies have shown that such policies have not led to an increase in crime. But conservative lawmakers and media figures have nonetheless used them to portray Democrats as soft on crime. The bail bond industry, which puts up bail money for defendants in exchange for a fee, has also opposed changes.

Here’s what you need to know about how bail works.

What is cash bail?

In criminal court, judges generally have three options when someone accused of a crime comes before them at arraignment. They can release the defendant with the promise that he or she return for subsequent hearings and trial; order them detained; or release them on bail.


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The post What to Know About How Bail Works in the U.S. appeared first on New York Times.

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