Who sets bail when a witness must post bail?

• A. The Clerk
• B. The Defendant
• C. The Defense Attorney
• D. The Judge

Answer: (B)

Bail decisions are made by a judge. During a bail hearing, the judge weighs factors like flight risk, danger to the community, the seriousness of the charges, and the defendant’s or witness’s ties to the area. Based on that assessment, the judge sets the amount and any conditions for release to ensure the person will appear in court. The clerk handles the administrative side—recording the order, collecting funds, and issuing receipts—but does not determine the bail amount. The defense attorney can argue for a lower bail or different conditions, and the defendant may help secure release, but the authority to set the bail rests with the judge.