Upon arrest, the accused appears before a magistrate or judge for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:
- Recognizance – This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
- Unsecured Bond – This release, pending court appearance, is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
- Secured Bond – This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
- Ineligible for Bail – The defendant is denied a release pending court appearance.
The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance can result in the issuance of an "Order to Show Cause" why the release should not be revoked.