If a defendant can't post bail, they will remain in custody until their court hearing. Bail is used to release a defendant for money.This bail premium, or bail fee, is 10 percent of the full bail amount. Bail in Washington is meant to act as an assurance that a suspect of a crime will not flee if released from custody. The Court usually requires a Personal Representative to post a Probate Bond to ensure that the estate's creditors, heirs, and beneficiaries receive the funds. The United States Supreme Court has interpreted this amendment to prohibit the imposition of excessive bail without creating a right to bail in criminal cases.