What is Custody?

Custody means to be kept under the control of the court or the police, usually in jail. You typically wait here until the next step in your court process.

What is Bail?

Bail means you can leave jail while you wait for your court date, as long as you follow certain rules. These rules are called “bail conditions”.

If you are being held in custody, the court must look at your bail within about 24 hours of your arrest (or as soon as possible). This is called a bail hearing.

You have the right to know your charges and to be told about your rights, including the right to speak with a lawyer.

You should have a lawyer at your bail hearing. If you don’t have one, ask the court staff for duty counsel. This is a free lawyer who is at the court to help people who do not have their own lawyer for their hearing. At the bail hearing, the court decides if you can be released from custody before your trial.

If the judge grants bail, you will be released and must follow the conditions in your release order.

• These conditions are the rules you must follow while waiting for your court date.
• If you do not follow the conditions, you could be arrested again.

Common Bail Conditions

Here are some examples of what your bail conditions might include:

• Staying away from certain people or places
• Keeping the peace and following the law
• Living at a specific address
• Reporting regularly to a police officer or supervisor
• Following a curfew (for example, staying home between certain hours)
• Not drinking alcohol or using drugs
• Not possessing weapons

If bail is not granted, you will stay in custody until your next court date or trial.