Bail is usually decided at the Initial Appearance. Sometimes a lawyer will find it necessary to postpone a bail hearing for a few days in order to prepare for the hearing and increase the likelihood of getting bail. Bail can be agreed to or contested by the federal prosecutor, but the ultimate decision on whether to release someone is up to the court.

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Security for the bond can be cash, property, or the signatures of co-signers. Co-signers are people who stand up for the accused in court, and by co-signing, guarantee his return. If the client fails to show up for court then the government can hold the co-signers responsible for the full amount of the bond. If property, such as a house or land, is used as security for the bond, the court generally will require that everyone on the deed for the property sign the bond.

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Anyone who plans on co-signing a bond should make every effort to come to the bond hearing. Anyone who comes to the bond hearing should know to bring current, government-issued identification, and to not bring in any cell phones.

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If the court sets bail, there may be restrictions placed on the client. These restrictions can include curfew, travel limitations, forfeiture of one's passport, reporting to pretrial services, drug testing or treatment, mental health testing or treatment, and electronic monitoring, among others.

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If while out on bail a client fails to follow the conditions set by the judge, he could be rearrested. Bail will likely be revoked and new charges can be brought based upon the violation of the bond conditions.

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Once released on bail, a client must attend every court appearance. If the client does not appear, the judge can issue a warrant for their arrest. It is important that your lawyer always have your current contact information and always be able to reach you. Once bond is revoked, it is very difficult to get it reinstated.