Skip to content
MiPRFácil
ESEN
Safety & Licensing

Bail in Puerto Rico: how to post it, how to lower it, and when it comes back

Last reviewed: August 14, 2026 — VerifiedPoder Judicial

In short

In Puerto Rico, anyone arrested for the alleged commission of a felony, or of a misdemeanour carrying the right to a jury trial, has the constitutional right to post bail and remain free until trial and sentencing. That right exists because everyone is presumed innocent until proven otherwise, and that is why bail cannot be used as punishment: its only purpose is to guarantee the person appears in court whenever summoned. The amount and conditions depend on each case’s circumstances, and the court can impose conditions in addition to bail or instead of it. It is posted in four ways: cash payment, a cash percentage plus a personal undertaking for the rest, a mortgage bond over real property, or through a bail company authorized in Puerto Rico. If the person appears on every date, whoever posted the bail can ask for it back; if they do not appear, the court can forfeit it.

External link

Go to the official site

You'll leave MiPRFácilOpens in a new tab

poderjudicial.pr

What is it?

Bail is the guarantee the court requires so an arrested person stays free while awaiting trial. It does not measure guilt and it is not a punishment: its only purpose is to secure appearance. In addition to bail, or instead of it, the court can impose conditions the person must comply with, and if they do not, it can order their arrest. Once bail is set, the arrested person has to post it; otherwise they face being admitted to a correctional institution. If that happens, a separate constitutional cap applies: preventive detention before trial does not exceed six months.

Who can do it?

The constitutional right to post bail covers anyone arrested for the alleged commission of a felony, or of a misdemeanour carrying the right to a jury trial. After a conviction the picture changes: if the person wants to appeal the sentence to the Court of Appeals or the Supreme Court, they can ask the sentencing court to set bail so they stay free during the appeal, but there bail is no longer a constitutional right, because the presumption of innocence no longer operates: the sentencing court has discretion to set it or not.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Understand what is being set

    Bail does not measure guilt and cannot be used as punishment. Its only purpose is to guarantee the arrested person appears in court whenever summoned. The amount and conditions depend on each case’s circumstances, and the court can impose conditions in addition to bail or instead of it.

  2. Step 2: Choose how to post it

    Bail can be posted four ways: full cash payment; a cash payment of a percentage of the bail plus a personal undertaking for the unpaid portion; a mortgage bond, offering real property such as a home, a building or land as security; or through a bail company, hired by the arrested person or a third party, authorized to write bail in Puerto Rico, which pays it.

  3. Step 3: If it is too high, request review

    The arrested person can request review of the bail set. When a reduction is sought, the court must hold a hearing to examine the justifications and hear the prosecution’s position. It is not a paper filing: there is a hearing and the argument has to be supported.

  4. Step 4: Remember that review runs both ways

    Just as the arrested person can seek a reduction, the prosecutor can seek an increase where the circumstances warrant it. They can also ask the court to impose additional conditions on the bail, or to modify the ones already imposed.

  5. Step 5: Appear at everything, then ask for it back

    Because bail guarantees appearance, if the person fails to appear on any date they were summoned for, the court can keep it: that is forfeiture. If the person appears on every summoned date, whoever posted the bail — the surety — can request its return.

  6. Step 6: If convicted and appealing, bail changes nature

    If the person is convicted and wants to appeal to the Court of Appeals or the Supreme Court, they can ask the sentencing court to set bail so they remain free during the appeal. But there bail is no longer a constitutional right, because the presumption of innocence no longer operates: the sentencing court has discretion to set it or not.

Where to do it

Before the Court of First Instance handling the case. Bail review, and bail on appeal, are requested from the corresponding court: review from the one that set it, and appeal bail from the one that entered the conviction.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If bail cannot be posted, the person stays in preventive detention awaiting trial, and another limit applies: the constitutional protection provides that preventive detention before trial shall not exceed six months, counted from the court’s probable-cause determination for arrest; after 180 days, release can be sought through habeas corpus, without that ending the trial. This guide gives no bail amounts, no percentage for the partial option, and no bail-company charges: the Judiciary’s page states expressly that amount and conditions depend on each case’s circumstances, and publishes no figure. It gives no timeframes either, because none are published. PRFácil does not write bail, does not represent anyone in court and gives no legal advice.

Common mistakes

  • Believing bail measures the seriousness of guilt: it does not measure guilt and cannot be used as punishment.
  • Thinking a reduction request is a paper filing: the court must hold a hearing and hear the prosecution.
  • Seeking review without accounting for the prosecutor asking the opposite: an increase, or additional conditions.
  • Missing a single summoned date: that alone exposes the bail to forfeiture.
  • Not requesting the return at the end: if the person appeared on every date, whoever posted it can ask for it back.
  • Taking bail during appeal for granted: once convicted, setting it is at the sentencing court’s discretion.
  • Hiring a bail company without checking it is authorized to write bail in Puerto Rico.

Frequently asked questions

How much does bail cost?

The Judiciary publishes no amounts: it says the amount and conditions depend on each case’s circumstances. That is why this guide gives no figures. What it does publish are the four ways to post it: cash, a cash percentage plus a personal undertaking for the rest, a mortgage bond over property, or a bail company authorized in Puerto Rico.

Can you ask for bail to be lowered?

Yes. The arrested person can request review of the bail set, and when a reduction is sought the court must hold a hearing to examine the justifications and hear the prosecution’s position. Bear in mind the prosecutor can also seek an increase, or additional or modified conditions, where they consider the circumstances warrant it.

Do I get the bail money back?

If the arrested person appears on every date they were summoned for, whoever posted the bail — the surety — can request its return. If they miss a summoned date, the court can keep the bail: that is forfeiture.

Is there bail while appealing a conviction?

It can be requested, but it is not a right. Once convicted, the presumption of innocence no longer operates, so the sentencing court has discretion to set bail during the appeal or not to.

Official sources

These are the government pages this guide is based on.

Last verified

August 14, 2026

MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.

MiPRFácil does not submit applications on your behalf.

Was this guide helpful?

Did you find out-of-date information?

Did you find out-of-date information?

No account needed. We don't ask for personal data.