How is Bail Determined?
When it comes to bail bonds, every defendant will have a different amount of money to pay in order to get out of jail on bail while waiting for his or her trial. The bail bond is a basic assurance that the defendant will return to court on the day of the trial. Bondsmen and bail bonding agencies that put up the bail for a defendant and responsible for ensuring that the defendant returns to court for the trial.
There are a number of different factors that are considered when a judge sets bail. Often, the bail determination begins with a rate schedule, which differs by locality. A judge will also take the following considerations into account when he sets bail:
Severity of the Crime
Once the judge reviews the particular crime for which the defendant is accused of committing, the judge will determine how severe the crime appears to be. There are situations where a defendant is accused of committing a violent crime that, if released, the defendant could commit again or could pose a threat to society. In such situations, the judge might even deny bail for a defendant.
Generally speaking, the understanding is that the higher the bail, the more likely the defendant is to return to court on the day of his or her trial. As such, higher bails are usually set for more severe crimes when a judge wants to ensure that the defendant returns to court to serve trial for the charges against him or her.
Prior Criminal History
If the defendant has a prior criminal history, the bail will generally be higher (or non-existent). On the contrary, if the defendant does not have a prior criminal history, then the judge may set a lower bail.
Flight Risk
The final consideration that the judge will make is whether or not he believes that the defendant will be a flight risk. If a judge has any reason to think that the defendant may not show up in court for his or her trial, then the judge will increase the amount of bail (or eliminate the bail option altogether). In the event that the defendant does not show up to court, then the defendant may forfeit the money that he or she put up for bail. If the judge believes that the defendant will show up to court, then he may set the bail bond at a lower rate.
Also, there are situations where a person can be released from jail on their own recognizance. In such a situation, a judge does not believe that the person is a flight risk, they probably don’t have a criminal history, and the crime is not viewed as a violent crime. The defendant will merely have to sign a statement that they will return for trial in such a situation.