When an officer takes you before a judicial official, the official will set bail or the conditions of your release before trial.  You have the right to have bail or conditions of release set.  The exception to this rule is when you are charged with an offense punishable by the death penalty.

The judicial official, usually a magistrate, may decide you can be released on your written promise to appear.  This is your signature or a written promise to appear in court on your court date.  He may release you on an unsecured bond, which you will forfeit if you do not show up in court, but in this case you are not required to place any money with the court in order to be released.  He may also release you into someone else’s custody.

Usually, however, a magistrate will set an amount of money as your bail.  You may either pay this money or call a bail bondsman to post it for you.  The bondsman will charge you a non-refundable fee for this service.  You are entitled to have your money returned to you if you put it up yourself and report to court as required.

The magistrate or other judicial official will normally set the amount of bail based mainly on the charge

against you.  Other factors may include family ties to the community, employment, length of residence, prior record, etc.  Your attorney may ask that a high bail be reduced at a later court hearing.

If you are stopped by an officer for certain minor traffic offenses, the officer may ask you to sign the ticket.  By signing, you do not admit guilt.  You are only signing your promise to appear in court on the date shown on the ticket.  In such a case, the officer is not required to take you before a judicial official because there will be no bail requirement.