Bail Amounts: How They are Determined by The Courts

One of the most unpleasant experience one can deal with, is that of being arrested and charged with a crime. The confusion of what to do next, coupled with the questions of how long one will be held in a cell, exacerbate the anxiety attached to the process. Luckily, in this country, accused parties have the right and opportunity to post bail. But one question usually remains until the judges gavel comes down after that first proceeding: What will bail be set at?

In order to ensure that a suspect returns to court, a judge sets a bail amount that is meant to encourage that person to continue to appear as required until the trial is complete. A number of mitigating factors must be considered by the court before bail amount is set. In most cases, the state establishes what guidelines should be considered in setting bail amounts. These factors often include:

  • The nature and seriousness of the crime.
  • The initial evidence that exists against the defendant.
  • The defendant’s ties to the community; i.e. length of residency, employment history, family history and mental condition.
  • The defendant’s past legal record including previous arrests, convictions and failures to appear.
  • The level of perceived danger to society.
  • The possibility that the suspect’s financial income is linked to criminal activity.
  • The probability that the defendant may intimidate or endanger his victim(s).
  • The defendant’s financial situation.
  • In drug cases, the street value of the drugs involved.

At Amistad Bail Bonds, we understand that every situation is different. For us, this means we never treat two cases alike. We don’t provide you with scripted answers. Rather, we offer free personalized consultations, and we help you find the legal information you need, as fast as possible.