An agreement with the court allows a defendant’s release from custody without initially posting any money or asset. Instead, the defendant signs a written promise to appear in court as required. Should the individual fail to appear, they become liable for the full amount of the bail set by the court. As an illustration, if bail is set at $10,000, the defendant is released on their promise. Missing a court date results in a $10,000 debt owed to the court.
This type of release offers a significant advantage by allowing individuals with limited financial resources to remain free while awaiting trial. It prevents pre-trial detention solely based on inability to pay, thus aligning with principles of fairness and equal access to justice. Historically, this mechanism developed as an alternative to cash bail, aiming to reduce the burden on local jails and improve court appearance rates by incentivizing compliance. It recognizes that not all defendants pose the same flight risk.
