Bail is the posting of money with the court as a guarantee that a person accused of a crime will appear at the time ordered before the court.

It is a provision which is important in that it recognizes that a person is considered innocent until he or she has been proved guilty. The right to bail in a reasonable amount is guaranteed by our State Constitution.

There is a presumption of release which is built into our law.  That means a person generally has a right to be released awaiting trial unless the presumption can be overcome by factors the court may consider. Things like past record, the nature of the crime, danger to the community, the person’s ties to the community, the possible punishment, warrant history.  The court must use the least restrictive means to make sure a person shows up at the next scheduled appearance.  Usually that is being on personal recognizance which is merely a promise to appear as ordered. Some people keep their promises, some do not.

If a person does not appear, several things can happen.  First, there is a warrant for arrest that can be issued.  Second, the person may be charged with an additional charge of Bail Jumping. Third, the time clock which requires a trial with 90 days of arraignment stops running.  When the person is brought before the court again, the clock begins again.

This past election the people of Washington changed our Constitution. It was in response to the Lakewood ambush of 4 officers by a person who was out on bail.   Now the Constitution says that bail may be denied for offenses punishable by possibility of a life sentence. Many crimes fit this category. All class A felonies qualify. The court must have a hearing and make findings that the person presents a danger to the community.

In my opinion, this is a step in the right direction, because now the law provides a better way to keep dangerous persons in jail pending trial.  The law no longer favors the rights of the accused ahead of the need of the people to be safe.   The law also helps our law enforcement agencies toward that same goal; Safety of the citizens.  This was a good change, but what a shame that it takes a tragedy to make a change.