Eighth Amendment to the United States Constitution
Bail is the amount of money, property or bond that a defendant has to give to the court to guarantee his or her appearance at trial. The bail put up by the defendant may be recovered at the end of the trial. But if a defendant fails to appear at the time the trial is scheduled, the bail is forfeited and the defendant may face additional penalties. A judge, when setting the amount of bail, has to consider several factors. These include the nature of the offense, how much evidence there is against the accused and what ties the defendant has to the community. The judge must also take into account the defendant's ability to pay the amount of the bail and how likely it is the defendant will simply flee and not stand trial. All defendants are presumed innocent. Setting bail for an unreasonable amount would restrict the freedom and ability of the defendant to make a living as well as make it difficult to support his or her family.