The average bail amount for a felony depends almost entirely on what the charge is. National data from the Bureau of Justice Statistics, drawn from the 75 largest U.S. counties, put median bail at $7,500 for property felonies, $10,000 for drug felonies, and $25,000 for violent felonies.1Bureau of Justice Statistics. Felony Defendants in Large Urban Counties, 2009 – Statistical Tables Those are medians of amounts actually set, so they exclude cases where a judge denied bail outright. Real numbers in any given courthouse can run well above or below them, especially in smaller or rural jurisdictions.
Typical Bail Ranges by Felony Type
The BJS medians are the best available national snapshot, but the spread inside each category is wide. What the charge looks like in practice, and what the defendant looks like on paper, pushes the number around within these bands.1Bureau of Justice Statistics. Felony Defendants in Large Urban Counties, 2009 – Statistical Tables
- Property felonies (theft, fraud, burglary): median $7,500, with typical amounts from $5,000 to $25,000 depending on the dollar value involved and the defendant’s record.
- Drug felonies: median $10,000. Simple possession lands at the low end; large-scale trafficking charges can push bail to $100,000 or more.
- Violent felonies (robbery, assault, weapons offenses): median $25,000, with serious cases routinely reaching $50,000 to $100,000.
- Murder charges: $250,000 or higher is common when bail is granted at all. For first-degree murder, many jurisdictions either set bail between $500,000 and $1,000,000 or deny it entirely.
Some jurisdictions use a bail schedule, a preset list of dollar amounts tied to specific charges, so that a defendant can post and be released before ever seeing a judge. The schedule is a starting point. At a bail hearing, usually within 48 to 72 hours of arrest, a judge can raise the amount, lower it, or throw it out.
What Judges Weigh When Setting the Amount
Federal law spells out the factors, and most states follow a similar framework. Under 18 U.S.C. ยง 3142, a judge looks at four broad categories.2Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial
The Offense
The nature and circumstances of the charge come first, including whether it involved violence, a firearm, a controlled substance, or a child victim. An armed carjacking and a forgery are both felonies, but the bail numbers will not resemble each other. The strength of the evidence matters too: stronger evidence can push bail higher because the incentive to flee grows with it.
The Defendant’s Background
Judges review criminal history, employment, financial resources, family ties, length of residence in the community, and any history of substance abuse.2Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial Someone with a steady job, a mortgage, and kids in local schools looks like a better release candidate than someone with no local ties and prior failures to appear. A defendant already on probation or parole at the time of the new arrest will almost always face higher bail, or no bail at all.
Flight Risk
Flight risk is the likelihood a defendant will disappear rather than return for court. The community-ties analysis overlaps with the background review, but the angle is different: financial means to leave the country combined with no reason to stay presents a different risk than someone who has never left their hometown. Weak ties, missed court dates in the past, or resources that make disappearing easy will push bail up.
Danger to the Community
If release would put specific people or the public at risk, a judge can set bail high enough to reflect that concern or deny it entirely. Domestic violence, threats against witnesses, and ongoing criminal enterprises tend to trigger this analysis. The Eighth Amendment bars “excessive” bail, but the Supreme Court has said it does not guarantee a right to bail in every case; it only requires that when bail is set, the amount be reasonably calculated to ensure court appearance and public safety.3Constitution Annotated. Amdt8.2.2 Modern Doctrine on Bail
When Bail Can Be Denied
Bail is not automatic on a felony. In Stack v. Boyle, the Supreme Court held that bail must be individualized to each defendant rather than set as a blanket amount based on the charge.4Justia U.S. Supreme Court Center. Stack v. Boyle, 342 U.S. 1 (1951) Individualized does not mean guaranteed. The Court has also said the Eighth Amendment “says nothing about whether bail shall be available at all” in a given case.3Constitution Annotated. Amdt8.2.2 Modern Doctrine on Bail
About 17 states follow the traditional rule that bail is available for all offenses except capital crimes where the evidence is strong. Another 24 states allow judges to deny bail for specific violent offenses, for defendants already on pretrial release for another felony, or when no conditions of release can reasonably protect public safety.5National Conference of State Legislatures. Pretrial Release – State Constitutional Right to Bail The remaining states have no affirmative constitutional right to bail and generally track the federal preventive-detention approach.
How the Bail Number Translates to What You Actually Pay
A $20,000 bail does not necessarily mean $20,000 in cash. Three main paths lead out of custody, and the out-of-pocket cost varies sharply.
Cash Bail
You pay the full amount directly to the court. On $20,000 bail, that is $20,000. The court holds it as collateral and returns it (minus minor administrative fees) after the case ends, provided the defendant made every appearance. It is the cheapest option long-term because the money comes back, but it requires having the full sum ready.
Bail Bondsman
The more common path is hiring a bail bond company. You pay a non-refundable premium and the bondsman guarantees the full bail amount to the court. The premium is typically around 10% of the bail, though state caps range from about 6% to 20%. On $20,000 bail, a 10% premium is $2,000 you never see again, even if charges are dropped the next day.
The bondsman may also demand collateral from the defendant or a cosigner, such as a car title or the deed to a house. That collateral protects the bond company if the defendant skips court and the bond is forfeited. Cosigning family members carry real exposure here: if the defendant disappears, their property is on the line.
Property Bond
Some courts let you pledge real estate directly instead of paying cash or using a bondsman. The equity in the property typically has to be worth at least twice the bail amount. A property bond avoids the non-refundable premium, but it requires a court hearing to verify ownership and value, and it takes longer to arrange.
Release Without Paying Anything
Not every felony defendant has to post money. A judge can release someone on their own recognizance, meaning the defendant signs a written promise to appear and walks out. OR release is most common for defendants with no criminal record, stable employment, strong community ties, and charges that do not involve violence. It is granted routinely for minor offenses and sometimes for lower-level felonies when the profile suggests minimal risk.
Courts can attach conditions: check-ins with a pretrial services officer, travel restrictions, electronic monitoring through GPS ankle bracelets or phone-based apps, curfews, or home detention.6United States Courts. Location Monitoring Reference Guide Violating a condition can bring the release revoked and cash bail set, or detention ordered.
Where Cash Bail No Longer Applies
Some jurisdictions have moved away from cash bail entirely. Illinois eliminated it statewide in September 2023, the first state to do so. New Jersey, New Mexico, and the District of Columbia use pretrial risk-assessment systems rather than a defendant’s ability to pay. Under those systems, a structured tool scores factors like age, criminal history, prior failures to appear, and whether the current charge involves violence; the score informs the judge but does not replace judicial discretion. Alaska, Colorado, Kentucky, and Maryland have reduced or limited cash bail without eliminating it. The bail system you encounter depends heavily on where the arrest happens.
What Missing Court Costs
Skipping a court date after posting bail triggers consequences well beyond losing the money. The judge issues a bench warrant, and any later contact with law enforcement (even a traffic stop) can end in immediate custody. The court declares the bail forfeited, turning the full amount into a debt. If a bondsman posted the bond, the company will pursue the defendant and any cosigner to recover its loss, including seizing pledged collateral.
Failure to appear is also a separate crime. Under federal law, skipping court on a felony charge punishable by five or more years carries up to five additional years, and that sentence runs consecutive to whatever the defendant receives on the original charge.7Office of the Law Revision Counsel. 18 USC 3146 – Penalty for Failure to Appear For the most serious felonies (those carrying 15 years or more, life, or death), the failure-to-appear penalty rises to ten years. State penalties vary but escalate the same way with the severity of the underlying charge.