Anticipatory Bail: 4 Key information

What is anticipatory Bail

‍Anticipatory bail is a kind of bail that is granted to the accused in criminal cases. The primary purpose of granting anticipatory bail is to allow those who are accused of crimes but have not been convicted to remain out of jail on their own recognizance until their trial concludes. In practice, that usually means someone who might otherwise be imprisoned for an extended period because they are deemed a flight risk and may attempt to abscond, or because there’s a significant likelihood that they will reoffend if released from custody. The benefit of anticipatory bail is that it allows you to leave prison before your trial concludes while simultaneously ensuring that you return for future court dates. It’s therefore a good thing if you think you won’t be convicted of the crime and want to avoid going back to prison after being released—ideally until your trial has concluded with a verdict of ‘not guilty’.

What should you know before you ask for an anticipatory bail?

First and foremost, you need to know that not all crimes are eligible for anticipatory bail. The kind of offences that may be eligible for anticipatory bail include: – Simple criminal misconduct, – Non-bailable offenses, or offenses where bail is not an option, – Non-cognizable offences, or minor offences where the punishment is a fine but no imprisonment, and – Offences where the maximum punishment is less than seven years. You must also be prepared to demonstrate to the court that you are not a flight risk and can be trusted to return to court. The court will look at factors such as your previous arrests, previous convictions, the severity of the alleged crime, your current employment, previous ties to the jurisdiction, and family ties in the jurisdiction. If you have a substantial criminal record, have been arrested multiple times, or are charged with a serious crime, you may have a tough time convincing the court that you won’t attempt to flee.

Is there any downside to asking for an anticipatory bail?

The main issue with asking for anticipatory bail is that you may be arrested before the bail hearing is granted. This can result if you are charged with a minor offence and are unable to post bail. The police might arrest you and hold you in custody until your trial concludes. If you’re charged with a minor offence and you have a considerable criminal record, you may also be arrested. If you are arrested before the bail hearing, you may be unable to obtain bail. For this reason, you should try to obtain the services of an experienced criminal defense attorney as soon as you are charged with a crime. Even if you’re not charged yet, you should do so as soon as possible because the sooner you retain legal representation, the better. An attorney can help you navigate the bail process and minimize your chances of being arrested before your bail hearing is granted.

You risk losing your trial leverage if you’re already out of jail

Another consequence of asking for anticipatory bail is that you may lose the trial leverage that comes from being in jail. If you obtain anticipatory bail before your trial, you may no longer be able to argue that the prosecution use untested evidence or delay filing the charges against you. If you’re already out of jail, the prosecution may be more likely to file more serious charges against you. This may be because the prosecution is confident that you will return to court, or it may be a strategic tactic to increase the severity of your potential sentence if you are eventually convicted.

The prosecutor may be more likely to file additional charges against you while you’re out on bail

Another potential risk associated with anticipatory bail is that the prosecutor may be more likely to file additional charges against you. This risk exists because you may be out of jail and therefore more easily coerced by the prosecutor. You may be more likely to agree to a plea deal or plead guilty to a more serious charge in order to obtain a lesser sentence. You may also be more likely to agree to provide evidence against your co-defendants or otherwise cooperate with the prosecution. You may be particularly vulnerable to this tactic if you have a criminal record, are facing a lengthy sentence, and/or have few ties to the jurisdiction.


All in all, it’s important to understand all the factors involved in asking for anticipatory bail. While it can be a good thing if you’re confident you won’t be convicted, it’s not a decision you should make lightly. You need to be prepared to demonstrate that you’re not a flight risk, and you may have to wear orange until your trial concludes. Fortunately, with the help of an experienced criminal defense attorney, you can obtain anticipatory bail and avoid spending unnecessary time in jail.

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