A Defendant’s Release on Bail with Conditions

The bail conditions that a judge imposes will ordinarily depend on the facts of the case. But some of the more common conditions require defendants to:

• obey all laws
• refrain from drug and alcohol use and/or participate in testing
• not possess any weapons
• stay away from certain places or people
• maintain or seek employment
• follow a curfew, and
• comply with specific travel restrictions.

In deciding which conditions are appropriate, a judge will normally consider a variety of factors. These factors might include:

• the defendant’s criminal history
• the defendant’s physical and mental condition
• seriousness and nature of the crime the defendant is accused of committing
• likelihood that the defendant will flee the jurisdiction, and
• whether the defendant has a history of substance abuse.

The law generally leaves it up to judges to decide which bail conditions are reasonable. But there are limits—bail conditions that unreasonably interfere with a defendant’s constitutional rights are invalid.