Traditional bail is money posted by a defendant as a refundable deposit intended to secure the defendant's release before trial by providing financial assurance that the defendant will return to court.
November 19, 2025
high
definition
Describes the conventional purpose and function of monetary bail in pretrial criminal procedure.
Cashless bail reforms replace monetary bail with risk-based or individualized assessments in which judges determine pretrial detention or release based on factors such as public-safety risk and flight risk rather than on a defendant's ability to pay.
November 19, 2025
high
definition
Explains the core mechanism and stated purpose of cashless bail or pretrial-release reforms.
Under the U.S. federal system, the federal government cannot unilaterally override state criminal procedure, including state decisions about pretrial release and bail.
November 19, 2025
high
legal
Summarizes the allocation of authority between federal and state governments over criminal procedure matters.