When a resident or a visitor is arrested in Alaska, the process of posting bail allows them to be released from custody prior to required court appearances. Bail is an amount of money set by the court that must be paid to release a defendant from custody. The purpose of bail is to allow defendants who are not an immediate threat to public safety – and who are unlikely to flee before appearing in court – to wait for their court-related appearance obligations somewhere other than jail.
In Alaska, the amount of bail set in individual cases can vary widely depending on the severity of the charges at issue, a defendant’s criminal history and the flight-related and safety-related concerns noted above.
Setting and posting bail
Bail in Alaska is typically determined during a defendant’s initial court appearance, known as the arraignment. In some cases, a judge may release a defendant on their own recognizance, meaning that no bail is required, but the defendant must promise to appear in court. However, for those who have been arrested for relatively serious crimes and those who have been convicted of crimes before, bail is likely to be ordered in most cases.
It is possible to post bail in a number of ways in Alaska. For example, certain kinds of property may potentially be utilized as collateral for the amount owed. Alternatively, cash can be put up by a defendant, their loved ones or by a bail bondsman who will be placed on the hook for the amount owed if the defendant at issue fails to appear as required.
If a defendant fails to meet the conditions of their bail, the court can revoke the money and/or the opportunity to remain free on bail. This may result in the defendant being taken back into custody and/or the forfeiture of any bail money or property.
Given the high-stakes nature of bail-related concerns, those who need to post bail generally benefit from seeking legal guidance and support before making any consequential legal moves.