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Conditions of Bail

Sometimes a court requires cash bail from an arrested individual as assurance that that individual will appear at court as required and abide by any other terms and conditions of bail. If that individual fails to appear or violates any such terms or conditions the money posted for bail may be forfeited to the court. In addition, the court may issue a bench warrant.

The bail amount may be set initially by a bail commissioner, but it is always reviewable by a judge. Factors taken into consideration in the decision in whether to set cash bail include the seriousness of the crime, the accused’s prior criminal record and any flight risk.
In New Hampshire, the only crime for which the state may ask for no bail is an offense punishable by life in prison. The accused is entitled to have bail set for any other offense.

In addition to an amount of cash, the defendant will be required to follow certain conditions of bail. If an individual violates the conditions of release, such as a no contact order, the court revoke bail and incarcerate the individual pending trial. It is important for anyone released on bail to be aware of and follow any prescribed terms and conditions.