The Definition and Purpose of a Bail Bond In a criminal trial, the first step is that the defendant is indicted. This means that he is formally charged in court with the crime. He or his attorney will usually request bail--the right to remain free until the trial is over in return for posting a given sum of money with the court. The more serious the crime, and the greater the danger in the eyes of the court that the defendant will flee rather than appearing for trial, the higher the bail will be.