What Is Bail in Washington State?
Bail is one possible condition of release that may allow a person charged with a crime to remain out of custody while the criminal case is pending. Bail is not a fine, a sentence, or a determination that the person is guilty.
In Washington, pretrial release does not always require money. Under Washington’s criminal court rules, a person charged with a noncapital offense is generally presumed eligible for release on personal recognizance unless the court determines that release without additional conditions would not reasonably assure the person’s appearance in court or that specified safety concerns exist.
Bail Is Part of the Pretrial Release Process
A court can use several different types of release conditions. Depending on the case, these may include:
- release on personal recognizance;
- an unsecured bond;
- a bond with a deposit made to the court;
- a surety bond;
- cash deposited in place of a surety bond;
- supervision or electronic monitoring; or
- restrictions concerning travel, residence, contact with other people, firearms, alcohol or drugs.
The particular conditions depend on the facts of the case and the court’s order.
Washington’s rules also state that when the court decides a secured or unsecured bond is necessary, the court must consider the defendant’s available financial resources when setting the amount.
Is Bail the Same as a Bail Bond?
Not exactly. Bail generally refers to the conditions or financial security associated with release. A bail bond is one method of satisfying a monetary bail requirement.
When a court authorizes a surety bond, a licensed bail bond agent may be able to post the bond rather than requiring the entire bail amount to be deposited directly with the court.



