What a bail judge weighs
A bail judge mainly weighs two questions: will the person return for every court date, and is it safe to release them while the case goes on. The judge has not decided whether the person is guilty, so a bail letter is about the person’s life now rather than the charge.
Facts about a stable home, steady work, family nearby and someone ready to help speak to both questions. Guidance for immigration bond letters, which ask a similar question, points writers to the same kinds of facts.
What to include
A bail letter is short and practical, and each part should be something you know first-hand.
- Who you are, and how long you have known the person.
- Where the person would live if released, and who else lives there.
- Their job or school, and how long they have had it.
- Family, children or others who depend on them nearby.
- How long they have lived in the area.
- What you will do yourself, such as driving them to every court date.
Mentioning the charge
Say in a sentence that you know the person has been charged and what with, if you know. You don’t need to say whether you think the charge is true, and you shouldn’t argue about it.
Don’t describe what happened or comment on the evidence, the police or the alleged victim. If there is a no-contact order, never pass any message to the victim or their family, even through the letter.
What to leave out
A bail letter should leave out the same things as any character letter, along with a few that matter most before trial.
- Whether you think the person is guilty or innocent.
- Comments on the evidence, the police or the alleged victim.
- A bail amount, or the conditions you think the judge should set.
- Anything you have only heard from others.
Offering help you can give
Offer only help you will really give, because the court may rely on it. If you say the person can live with you, be sure that is true for as long as the case may take.
If you are thinking of offering to be responsible for the person or to report to the court, ask the lawyer what that would involve before you write it.
Timing and where to send it
Ask the lawyer as early as you can whether they want letters and by when. Give the letter to the lawyer rather than to the judge or the jail.
Keep it to one page and sign it by hand, with your phone number under your name so the court can reach you. If you’d like help, our questions for a bail letter ask about the home, work and help with court dates, and lay out your answers as a letter.
Questions
What do you write in a character letter for bail?
Who you are and how you know the person, where they would live if released, their work and family ties, and what you will do to help them get to court. Keep it to facts you know first-hand.
Should a bail letter say the person is innocent?
No. The judge is not deciding guilt at a bail hearing, and arguing about the charge can work against the letter. Say that you know about the charge and leave it there.
Who do I give a bail letter to?
The person’s lawyer. Ask them as early as you can whether they want letters and when they need them.
Can I write a bail letter for an immigration bond hearing?
Yes, but immigration letters have a few extra parts, such as your immigration status and a signed statement that the letter is true. Our immigration guide covers them.