7 Factors Considered When Determining Bail

Once you or your loved one gets arrested, you have one sure way of securing release - posting bail. The bail acts as surety that you will attend court hearings as required. Whether you post cash bail, property bail, or use a bail bonds service, various factors determine how much you pay for your bail. Learn seven factors judges consider when deciding bail.

1. Nature of the Alleged Offense

Typically, different crimes attract different bail amounts as stipulated by State and Federal laws and specific jail regulations. Minor crimes have a lower bail than more severe offenses. For instance, you can expect to pay a higher bail if arrested for a felony like murder than you would when accused of a misdemeanor like DUI. Some severe crimes may even result in bail denial.

2. Past Criminal History

If you have no criminal record, you may get a lower bail than a person with an active and lengthy record. However, past criminal history does not mean you get an exorbitant bail. Judges consider the severity of past offenses and whether you were found guilty. Persons with outstanding warrants in other jurisdictions or who are on parole may be denied bail.

3. Personal Status

A judge may examine the defendant's employment status and wealth when deciding on bail. If you have a stable job and dependents, you may have fewer reasons to miss your court hearings, and can attain a lenient bail.

4. Past Court Appearances

The main reason for bail is to guarantee that you show up for court hearings. Someone with a history of skipping court dates may end up with a high bail amount or no bail. A judge is less likely to grant bail to a person with a tendency of not attending court hearings.

Apart from affecting your bail amount, failing to show up for court dates has severe repercussions. First, you lose your bail bond - you don't get a refund for a cash bond, and your property bond gets forfeited. Second, the court gives a warrant of arrest to get you back in custody. Lastly, if you used a bail bond, the agency may hire bounty hunters to find you.

5. Roots in the Community   

You may wonder how community ties come into play in the bail process. A person with strong community ties - family residing there or involved in community organizations and a good reputation has a low flight and bail skip risk. As such, a judge may give you a lower bail amount because of your ties to the community.

6. Danger to the Public

One of the most vital factors influencing bail amount is the defendant's threat to the public, victims, and witnesses. If the judge feels that a person will compromise the public's safety, they may get a high bail amount or be held without bail. Individuals accused of serious felonies like sexual assault or violence are more likely to be regarded as dangerous to the public.

7. Bail-setting Algorithms

In the current digital age, some jurisdictions have started using computer-driven algorithms to decide bail. The defendant's details such as charges, criminal history, previous court appearances, and age are input into a computer program, which gives the recommended bail. A judge reviews the bail and considers other factors to decide the ideal amount.

Once your bail is decided, contact Matt McKeehan Bail Bonds to post bail for you in Pensacola, Florida. We offer fast, friendly, and knowledgeable bail bond services and go beyond bailing you out to helping you navigate the legal system. We pride ourselves on 30 years of experience in the bail bond business and 24-hour services.