Bail is generally set by the Court from one of the following categories:
(1) Own Recognizance – The defendant signs an Appearance Bond in the amount fixed by the Court without posing any security.
(2) In an Amount Equal to 10% of the Total Amount of the Bond – When ordered by the Court, the defendant or someone on their behalf deposits 10% of the amount of the bond.
(3) If it is the defendant’s cash, only the defendant signs the appearance bond. If the case is posted by a surety, then both the defendant and the surety must sign the appearance bond. Local Rule 67.1(a) states that “no attorney, or officer of this Court shall be acceptable as surety bail, or security of any kind before any proceeding in this Court.”
(4) In an Amount with Good Security – In this instance, both the defendant and the surety must sign the appearance bond with acceptable security being posted. Security may be one of the following:
- Cash – only cash, certified or cashier’s check, or money order are acceptable.
Checks and money orders are to be made payable to “Clerk, U.S. District Court”.
- Corporate Surety – with power of attorney.
- Individual Sureties – Real Estate – see attached Appendix with Justification of Surety Real Estate Affidavit.
(5) Requirements of Posting Real Estate Bail - Forms here.