Which statement about bail is true?

Which statement about bail is true?

• A. Bail is always set by the prosecutor
• B. Bail must be posted with cash only
• C. Bail is set by the magistrate and must be secured by sufficient sureties except for capital offenses
• D. Bail is not required for any offense

Answer: (C)

Bail decisions come from the court, not the prosecutor, and they’re meant to ensure the defendant will return for court while protecting the public. A magistrate or judge reviews the case and sets a bail amount or conditions based on factors like flight risk and safety. Releasing the defendant typically requires some form of security to guarantee appearances—this can be cash, a bail bond (surety) from a bondsman, or other authorized forms. The statement reflects that normal practice: bail is set by the magistrate and secured by sufficient sureties. The caveat about capital offenses recognizes that in some serious cases, bail may be denied or handled differently. This combination of court-made decisions and secured release best matches how bail is typically handled.

Bail decisions come from the court, not the prosecutor, and they’re meant to ensure the defendant will return for court while protecting the public. A magistrate or judge reviews the case and sets a bail amount or conditions based on factors like flight risk and safety. Releasing the defendant typically requires some form of security to guarantee appearances—this can be cash, a bail bond (surety) from a bondsman, or other authorized forms. The statement reflects that normal practice: bail is set by the magistrate and secured by sufficient sureties. The caveat about capital offenses recognizes that in some serious cases, bail may be denied or handled differently. This combination of court-made decisions and secured release best matches how bail is typically handled.