

Bail laws vary from country to country; in the United States, bail practices vary by state. In some countries, granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Legislatures may also set out certain crimes to be not bailable, such as those that carry the penalty of capital punishment. Even for lesser crimes, bail will not be granted if it is deemed likely that the accused will flee, tamper with evidence, or commit the same offense before trial. Bail amounts may vary depending on the type and severity of crime the suspect is accused of; practices for determining bail amounts vary.

Some states in the United States, as well as the Philippines, allow a commercial bail bondsman to post bail on behalf of individuals; the bondsman in turn charges a non-refundable fee for this service, often a percentage of the bail. This practice is illegal in the rest of the world.