Bailing out.

• Position: STATESTATS - Brief article

Release on bail before trial is a basic right in many states for most defendants.

Sixty percent of defendants are released on bail before going to trial, according to the Bureau of Justice Statistics. This number hasn't changed in 20 years, but the type of bail most frequently used has.

In the '90s, the most common form of bail was release on recognizance. All states authorize this kind of bail. Twenty-nine states have a presumption of release on recognizance, which means the court must release certain defendants after considering their flight risk and the victim's and public's safety.

Since 1998, the trend has shifted to release defendents instead to a commercial bail...