5 Key Factors Used By Judges to Set Bail Amount

Bail is usually set at the defendant’s first court appearance after arrest, which is either a bail hearing or an arraignment. There are standard schedules which provide guidelines for bail amounts. In addition, judges may raise or lower bail based on several factors.

Here are 5 key factors used by judges to set a bail amount:Legal rights

  1. Severity of the charges. The judge will first look at the severity of the charges, especially whether or not the crime was violent. Police often arrest defendants under the highest available charge with the expectation that the charge will be reduced (for example, arresting for felony possession with intent to sell rather than misdemeanor possession); unfortunately, this can be detrimental to defendants seeking bail.

  2. Protection of the public. Protecting the public is the primary concern in determining bail. If the crime is violent, the judge may not set bail at all or the judge may set a very high bail to deter the defendant from skipping trial. The judge will also determine whether the defendant poses a threat to themselves or other people.Infront of Judge

  3. Criminal history. Bail is likely to be set high for defendants with a past criminal history. This issue ties into protection of the public.

  4. Flight risk. If the judge determines that the defendant is likely to skip the trial and flee from authorities, bail will be set higher. The entire bail amount is forfeited if the defendant flees, whereas the bail amount is returned if the defendant attends the trial and adheres to the conditions of release.

  5. Defendant’s employment status. Judges are more likely to grant a lower bail to defendants who have stable employment to allow the defendant to maintain their employment status until the trial.

Luis Mier is the Owner of Signature Bail Bonds, a bail bonds agency based in Orange County, California. As a bail bondsman, Luis understands the urgency of having to get someone out of jail and does whatever it takes to ensure that the process of getting a bond is as quick and stress-free as possible. Whether looking for bail bonds in Anaheim, Irvine, Newport Beach, Orange or Santa Ana, Luis and his team make sure that their clients are covered, 24/7. Google +

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