Bail Laws by State: What You Need to Know

Felony murder is one of the most serious crimes. But in many states, defendants can still post bail and walk free while awaiting trial. Learn how your state handles felony murder charges — and why reform is urgent.

Why Bail Laws for Felony Murder Matter

When someone is charged with felony murder, it means a life has already been lost. Yet in many states, the accused can still post bail and return to everyday life — often by paying just a fraction of the amount set by the court. This system doesn’t just fail victims' families — it risks public safety and undermines justice itself.

At Justice for Connor, we’re working to change that. This page is the beginning of a growing database of bail laws by state, starting with Georgia and South Carolina, so families and communities can see exactly where reform is needed.

Why Is Justice for Connor Leading This Effort?

After losing our son Connor to felony murder, we were devastated to learn that the individuals charged were granted bail, allowing them to walk free while we mourned. This experience revealed a troubling reality: in many states, even those accused of the most serious crimes can be released pretrial.

Justice for Connor was born from this injustice. We are committed to advocating for bail reform to ensure that families like ours are not retraumatized by a system that prioritizes the rights of the accused over the safety and peace of victims' families.

Why Are We Tracking This State by State?

Bail laws vary significantly across the United States, leading to inconsistencies in how justice is administered. By documenting and comparing these laws, we aim to highlight disparities and advocate for standardized reforms that prioritize public safety and victim support.

This state-by-state approach allows us to identify specific areas where change is needed and to mobilize local communities and lawmakers to take action. Our goal is to create a comprehensive resource that empowers advocates and informs policy decisions nationwide.

State-by-State Breakdown of Bail Laws

Every state handles felony murder charges differently when it comes to bail. Some allow broad judicial discretion, others impose few restrictions, and in nearly all cases, just 10% of the bail amount is enough to secure release.

This interactive guide helps expose how inconsistent and lenient these laws often are — and why change is so badly needed.

Click a state below to learn more.

Georgia

Felony Murder Bail Laws in Georgia

In Georgia, individuals charged with felony murder may still be granted bail — even for the most serious offenses. What’s more concerning is that only 10% of the total bail amount is typically required to secure release through a bail bond company.

Felony murder is not automatically ineligible for bail in Georgia.
Judges may grant bail at their discretion, even in homicide cases.
Bonding companies typically accept 10% of the total bail amount.
Example: A $250,000 bail can be bypassed with just $25,000.

This creates a serious public safety concern — and retraumatizes victims’ families who see the accused walking free before trial.

Support Bail Reform in Georgia

South Carolina

Felony Murder Bail Laws in South Carolina

South Carolina law does not guarantee bail for capital crimes like felony murder, but bail can still be granted by a circuit court judge.

Bail for felony murder is at the sole discretion of the judge.
Judges must consider public safety and the severity of the charge.
There is no automatic denial of bail for felony murder charges.
Defendants can often post bail with only 10% upfront via bond agents.

Despite the gravity of the charge, individuals accused of felony murder may still walk free before trial.

Support Bail Reform in South Carolina

Florida

Felony Murder Bail Laws in Florida

In Florida, felony murder is considered a capital felony and is therefore subject to stricter bail limitations. However, bail is not automatically denied — a judge can still set bond under certain circumstances, including if the state is not seeking the death penalty or life without parole.

Felony murder is classified as a capital felony under Florida law.
Bail may be denied entirely for capital offenses — but only if the prosecution seeks the death penalty or life sentence.
In some cases, if lesser charges are filed or capital punishment is waived, bail may still be granted.
As in other states, bonding companies typically accept only 10% of the bail amount.

This creates uncertainty for victims’ families — because the decision to deny bail depends heavily on prosecutorial intent, not just the charge itself. Legal Reference: Florida Statutes § 903.046 and § 782.04(1)(a) Support Bail Reform in Florida

North Carolina

Felony Murder Bail Laws in North Carolina

In North Carolina, felony murder is prosecuted as first-degree murder — a capital offense that may result in life imprisonment or the death penalty. Bail is not automatically denied, but it is rarely granted due to the seriousness of the charge and state bail procedures.

Felony murder is charged as first-degree murder under North Carolina law (G.S. 14-17).
Only a superior court judge — not a magistrate — can determine bail eligibility for first-degree murder cases.
Defendants may be held without bail if the court determines they pose a flight risk or threat to public safety.
Judges must consider risk assessments and background checks before making a bail decision.

This creates deep concern for victims’ families — because defendants can still be released if a judge sets bond, even in cases involving murder. Legal Reference: N.C. Gen. Stat. § 14-17 and § 15A-533(c) Support Bail Reform in North Carolina

Alabama

Felony Murder Bail Laws in Alabama

In Alabama, felony murder is prosecuted under the general murder statute and is considered a Class A felony. Bail is not automatically denied; however, under certain circumstances, a judge may deny bail following a pretrial detention hearing.

Felony murder is charged under Alabama Code § 13A-6-2, which classifies it as a Class A felony.
Under Aniah’s Law, judges have the discretion to deny bail for serious offenses, including murder, if the prosecution demonstrates that no conditions of release can ensure public safety or the defendant’s appearance in court.
Defendants charged with capital murder (e.g., felony murder with aggravating factors) are not eligible for bail if the court finds sufficient evidence indicating guilt.
Alabama’s bail schedule recommends no bail or a minimum of $50,000 for capital felonies, and $15,000 to $75,000 for murder charges.

This creates uncertainty for victims’ families — because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Alabama Code §§ 13A-6-2 and 15-13-3; Aniah’s Law (2022) Support Bail Reform in Alabama

Connecticut

Felony Murder Bail Laws in Connecticut

In Connecticut, felony murder is prosecuted as a Class A felony under the state’s felony murder statute. Bail is not automatically denied; however, it can be denied if the court determines that the defendant poses a flight risk or a danger to the community.

Felony murder is charged under Connecticut General Statutes § 53a-54c, classifying it as a Class A felony, punishable by a mandatory minimum of 25 years to life imprisonment.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Bail amounts for murder charges in Connecticut can range from several hundred thousand dollars to several million dollars, depending on factors such as the severity of the offense and the defendant’s criminal history.
Connecticut law prohibits cash-only bail; defendants have the right to post bail through a surety bond, typically requiring a non-refundable fee of 7 to 10 percent of the total bail amount.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Connecticut General Statutes § 53a-54c; § 54-64a; Connecticut Constitution Article I, § 8 Support Bail Reform in Connecticut

Indiana

Felony Murder Bail Laws in Indiana

In Indiana, felony murder is prosecuted under the general murder statute and is considered a capital offense. Bail is not automatically denied; however, it can be denied if the court determines that the proof is evident or the presumption is strong.

Felony murder is charged under Indiana Code § 35-42-1-1, classifying it as murder, punishable by 45 to 65 years in prison or life imprisonment without parole.
Under Indiana Code § 35-33-8-2, bail may be denied for murder charges if the state proves by a preponderance of the evidence that the proof is evident or the presumption is strong.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Local court rules often require that no bail be set for murder charges until the defendant appears before a judge at a preliminary hearing.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Indiana Code §§ 35-42-1-1 and 35-33-8-2; Indiana Constitution Article I, § 17 Support Bail Reform in Indiana

Kentucky

Felony Murder Bail Laws in Kentucky

In Kentucky, felony murder is prosecuted under the general murder statute and is considered a capital offense. Bail is not automatically denied; however, it can be denied if the court determines that the proof is evident or the presumption is great.

Felony murder is charged under Kentucky Revised Statutes § 507.020, which classifies it as a capital offense.
Under the Kentucky Constitution, bail may be denied for capital offenses when the proof is evident or the presumption great.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Defendants may be released on personal recognizance or unsecured bail unless the court determines that such release will not reasonably assure the defendant’s appearance or the safety of the community.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Kentucky Revised Statutes § 507.020; § 431.520; Kentucky Constitution § 16 Support Bail Reform in Kentucky

Virginia

<h3>Felony Murder Bail Laws in Virginia</h3>
In Virginia, felony murder is prosecuted as second-degree murder under the felony homicide statute. <strong>Bail is not automatically denied</strong>; however, it can be denied if the court determines that the defendant poses a flight risk or a danger to the community.
<ul>
<li>Felony murder is charged under Virginia Code § 18.2-33, classifying it as second-degree murder, punishable by 5 to 40 years in prison.</li>
<li>Under Virginia Code § 19.2-120, bail may be denied if the court finds probable cause that the defendant will not appear for trial or poses an unreasonable danger to the public.</li>
<li>Judicial officers must consider the nature and circumstances of the offense, the defendant’s criminal history, and other relevant factors when determining bail eligibility.</li>
<li>Virginia law prohibits excessive bail, as outlined in Article I, Section 9 of the Virginia Constitution.</li>
</ul>
<em>This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge.</em>

<strong>Legal Reference:</strong> Virginia Code §§ 18.2-33 and 19.2-120; Virginia Constitution Article I, § 9

<a class=”elementor-button-link elementor-button elementor-size-sm” href=”/legislative-reform/”>Support Bail Reform in Virginia</a>

Maine

Felony Murder Bail Laws in Maine

In Maine, felony murder is prosecuted as a Class A crime under the state’s felony murder statute. Bail is not automatically denied; however, it can be denied if the court determines that the defendant poses a flight risk or a danger to the community.

Felony murder is charged under Maine Revised Statutes Title 17-A, §202, classifying it as a Class A crime, punishable by up to 30 years in prison and a fine of up to $50,000.
Under Maine law, judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Judges consider factors such as the nature and circumstances of the offense, the defendant’s criminal history, and the likelihood of the defendant appearing for trial when determining bail eligibility.
Defendants may be released on personal recognizance or unsecured bail unless the court determines that such release will not reasonably ensure the defendant’s appearance or the safety of the community.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Maine Revised Statutes Title 17-A, §202; Title 15, §1026 Support Bail Reform in Maine

Massachusetts

Felony Murder Bail Laws in Massachusetts

In Massachusetts, felony murder is prosecuted as first-degree murder under the state’s felony murder rule. Bail is not automatically denied; however, it can be denied if the court determines that the defendant poses a flight risk or a danger to the community.:contentReference[oaicite:6]{index=6}

Felony murder is charged under Massachusetts General Laws Chapter 265, Section 1, classifying it as first-degree murder, punishable by life imprisonment without the possibility of parole.
Under Massachusetts law, defendants charged with serious felony offenses, such as murder, may be held without bail until trial.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
The Massachusetts Supreme Judicial Court has ruled that defendants charged with first-degree murder do not have a constitutional right to bail.

:contentReference[oaicite:16]{index=16}:contentReference[oaicite:18]{index=18} Legal Reference: :contentReference[oaicite:20]{index=20}:contentReference[oaicite:22]{index=22} Support Bail Reform in Massachusetts

Mississippi

Felony Murder Bail Laws in Mississippi

In Mississippi, felony murder is prosecuted as either first-degree or capital murder, depending on the circumstances. Bail is not automatically denied; however, it can be denied if the court determines that the proof is evident or the presumption is great.

Felony murder is charged under Mississippi Code § 97-3-19, which classifies it as first-degree or capital murder based on specific criteria.
Under the Mississippi Constitution, bail may be denied for capital offenses when the proof is evident or the presumption great.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Defendants who have been tried twice for a capital offense without a conviction are entitled to bail.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Mississippi Code § 97-3-19; Mississippi Constitution Article 3, § 29; Mississippi Code § 99-5-35 Support Bail Reform in Mississippi

New Hampshire

Felony Murder Bail Laws in New Hampshire

In New Hampshire, felony murder is prosecuted as second-degree murder under the state’s felony murder rule. Bail is not automatically denied; however, it can be denied if the court determines that the defendant poses a flight risk or a danger to the community.

Felony murder is charged under New Hampshire Revised Statutes Annotated (RSA) § 630:1-b, I(b), classifying it as second-degree murder, punishable by 30 years to life imprisonment.
Under the New Hampshire Constitution, bail may be denied for offenses punishable by life imprisonment when the proof is evident or the presumption great.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Recent legislative proposals aim to withhold immediate bail for individuals charged with serious felonies, including homicide, requiring them to await arraignment before a judge.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: New Hampshire RSA § 630:1-b; New Hampshire Constitution Article I, § 33 Support Bail Reform in New Hampshire

New York

Felony Murder Bail Laws in New York

In New York, felony murder is prosecuted as second-degree murder under the felony murder rule. Bail is not automatically denied; however, it can be denied if the court determines that the proof is evident or the presumption is great.

Felony murder is charged under New York Penal Law § 125.25(3), classifying it as second-degree murder, a Class A-I felony punishable by 15 years to life imprisonment.
Under the New York Constitution, bail may be denied for capital offenses when the proof is evident or the presumption great.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
New York’s bail reform laws, effective since January 2020, have eliminated cash bail for most misdemeanors and non-violent felonies, but violent felonies like felony murder remain bail-eligible.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: New York Penal Law § 125.25(3); New York Constitution Article I, § 5 Support Bail Reform in New York

Ohio

<h3>Felony Murder Bail Laws in Ohio</h3>
In Ohio, felony murder is prosecuted under the general murder statute and is considered a serious offense. <strong>Bail is not automatically denied</strong>; however, it can be denied if the court determines that the proof is evident or the presumption is great.
<ul>
<li>Felony murder is charged under Ohio Revised Code § 2903.02(B), classifying it as murder, punishable by 15 years to life imprisonment.</li>
<li>Under Ohio Revised Code § 2937.222, bail may be denied for murder charges if the court finds that the proof is evident or the presumption great.</li>
<li>Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.</li>
<li>Ohio’s 2022 constitutional amendment (Issue 1) requires courts to consider public safety, the seriousness of the offense, and the defendant’s criminal history when determining bail amounts.</li>
</ul>
<em>This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge.</em>

<strong>Legal Reference:</strong> Ohio Revised Code §§ 2903.02(B) and 2937.222; Ohio Constitution Article I, § 9 (as amended by Issue 1 in 2022)

<a class=”elementor-button-link elementor-button elementor-size-sm” href=”/legislative-reform/”>Support Bail Reform in Ohio</a>

Pennsylvania

Felony Murder Bail Laws in Pennsylvania

In Pennsylvania, felony murder is prosecuted as second-degree murder—a capital offense punishable by mandatory life imprisonment without parole. Bail is not automatically denied; however, it can be denied if the court determines that the proof is evident or the presumption is great.

Felony murder is charged under Pennsylvania law as second-degree murder, which occurs when a death results during the commission of certain felonies, such as robbery or burglary.
Under the Pennsylvania Constitution, bail may be denied for capital offenses when the proof is evident or the presumption great.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Defendants charged with first-degree murder are generally not entitled to bail, as affirmed by the Pennsylvania Supreme Court.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Pennsylvania Consolidated Statutes Title 18 § 2502; Pennsylvania Constitution Article I, § 14 Support Bail Reform in Pennsylvania

Tennessee

Felony Murder Bail Laws in Tennessee

In Tennessee, felony murder is prosecuted as first-degree murder—a capital offense that may result in the death penalty or life imprisonment. Bail is not automatically denied; however, it can be denied if the court determines that the proof is evident or the presumption is great.

Felony murder is charged as first-degree murder under Tennessee law.
Under the Tennessee Constitution, bail may be denied for capital offenses when the proof is evident or the presumption great.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Proposed constitutional amendments may expand the list of offenses for which bail can be denied, including second-degree murder and aggravated kidnapping.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Tennessee Constitution Article I, § 15; Tennessee Code § 39-13-202; § 40-11-105 Support Bail Reform in Tennessee

Vermont

Felony Murder Bail Laws in Vermont

In Vermont, felony murder is prosecuted as first-degree murder under the state’s felony murder rule. Bail is not automatically denied; however, it can be denied if the court determines that the evidence of guilt is great and that the defendant poses a substantial threat of physical violence to any person.

Felony murder is charged under Vermont Statutes Title 13, § 2301, classifying it as first-degree murder, punishable by life imprisonment without the possibility of parole.
Under the Vermont Constitution, bail may be denied for offenses punishable by death or life imprisonment when the evidence of guilt is great.
Judges have discretion to deny bail if the defendant is deemed a flight risk or a danger to the community.
Defendants held without bail prior to trial are entitled to a review of that determination by a panel of three Supreme Court Justices within seven days after bail is denied.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: Vermont Statutes Title 13, § 2301; Vermont Constitution Chapter II, § 40 Support Bail Reform in Vermont

West Virginia

Felony Murder Bail Laws in West Virginia

In West Virginia, felony murder is prosecuted as first-degree murder—a capital offense punishable by life imprisonment. Bail is not automatically denied; however, it can be denied at the discretion of the court.

Felony murder is charged under West Virginia Code § 61-2-1, classifying it as first-degree murder, punishable by life imprisonment.
Under West Virginia Code § 62-1C-1, individuals charged with offenses punishable by life imprisonment may be admitted to bail at the discretion of the court.
Magistrates are prohibited from releasing defendants charged with felony offenses on their own recognizance; only a judge may set bail in such cases.
Judges consider factors such as the seriousness of the offense, the defendant’s criminal history, financial ability, and the probability of appearance when determining bail.

This creates uncertainty for victims’ families—because bail decisions depend on judicial discretion and prosecutorial arguments, not solely on the severity of the charge. Legal Reference: West Virginia Code §§ 61-2-1, 62-1C-1, and 62-1C-1a Support Bail Reform in West Virginia

Together, We Can Build a Safer, Fairer System

The inconsistencies in felony murder bail laws are not just legal oversights — they are life-altering failures of justice. Victims' families deserve better. Communities deserve protection.

This growing database is just the beginning. As we continue to track state-by-state laws, we need your help — to raise awareness, advocate for change, and urge lawmakers to act.

Let’s make sure no other family has to go through what ours did.

What You Do Next Matters

Laws won’t change on their own. It takes people—families, neighbors, advocates—working together to demand better. Whether you share this page, talk to a legislator, or volunteer your time, you’re helping build a safer, more just future.