How Is Bail Amount Determined By A Judge?

Let's say you are arrested for a crime, and you are told you can get out if you post bail. However, the bail amount is not something you have hanging out in your bank account, wallet, or anywhere else. Thankfully, you can probably work with a bail bonds service to get out of jail as quickly as possible. One of the biggest questions people arrested tend to have is how the judge determines how much they should have to pay to get out of jail. Here is a look at some of the factors that can be associated with the cost of the bail that is set for you by the judge. 

What kind of crime are you accused of committing?

The type of crime that you have been accused of will have a lot to do with your bail amount. If you have committed some kind of crime that is considered a felony, there is less of a chance that the judge will even offer bail. However, bail can be set in felony cases, but the amount can be substantially higher. For example, you would likely have a larger bail amount for felony theft charges than what you would for a misdemeanor theft charge. 

How often have you been arrested?

If this is not your first time being arrested, especially if you are arrested for a crime that is similar to a crime you have committed in the past, your bail amount may be higher. The cost of bail usually climbs higher the more of a criminal record you have. It is this way because people who consistently commit crimes are more likely to try and skip bail. 

Would you be considered a "flight risk?"

People who are considered a flight risk are more likely to try and get out of town if they are released on bail, so their bail will likely be set at a higher amount to try to keep them in jail instead of taking any chances. There are a couple of reasons a judge may see you as a flight risk, such as if you are facing a long-term jail term or if you have missed court in the past. 

Have you been accused of a crime that involves witnesses or a plaintiff?

To deter interaction with a plaintiff in your case or a witness, some judges will set the bail higher. For example, if you were arrested due to an attempted assault, the bail may be higher to protect the individual you tried to assault. 

To learn more about bail and bail bonds, contact a bail bondsman in your area.


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