If you or a family member have never been arrested before, you might not be familiar with what a bail bond actually is. A bail bond is an agreement to pay a certain amount of money if the defendant doesn’t meet the agreed upon terms of release. Normally, you have to put a certain percentage of the amount down, which you’ll get back at the end of the trial (assuming all conditions are met). That value is set by the judge, and there are a variety of things that affect the bail in the end.
Severity of the Charge(s)
The primary factor that is considered when setting bail is the severity of the charge or charges levied against the defendant. The bail amount for a misdemeanor charge is going to be significantly lower than the bail amount for a felony charge. Usually, there is a range that is considered an acceptable value for the bail to be set at for certain crimes, and that range varies depending on the jurisdiction your case is being tried in. In some cases, your judge can set the bail amount outside of that range, but it is unlikely. That range is the starting point for your bail.
Your Criminal History
The next thing the judge will do is look at your criminal history. If this is your first offense, the judge is more likely to set your bail on the lower end of what is deemed acceptable. However, if you have a criminal history, this often works against you. If you have a history of jumping bail (or failure to appear in court), this will drive your bail amount up to give you more incentive to show up to the trial. People who don’t have a criminal history will get a lower bail amount than those who have committed a crime before even if they’re being charged with the same thing.
Your Personal Ties
Something you might not consider a relevant factor to setting bail is your personal ties. The judge will look into you as a person to help them decide on the bail amount. This includes things such as: if you have children, if you contribute to your community, if you are well respected at your job, and anything else that indicates you have things to lose if you leave town. People who have deeper roots to the area they live in are less likely to leave it on a moment’s notice. They want to stay and will stay around through their court proceedings.
Financial Considerations
Though it may not seem like it if your bail is set at a very high amount, the judge also takes your financial situation into account. Bail is not meant to be something used to punish people who don’t have the resources to pay. Your judge has an obligation to set your bail at the lowest possible amount while keeping all other considerations in mind in an effort to ensure you have the best chance of paying your bail amount.
The Judge Themselves
Even though there are guidelines and general practices for setting bail, it is up to the judge themselves to set the bail. One judge may look at your case and see you as a flight risk while a different judge wouldn’t have. That can be frustrating, but it’s not something you can change. The best thing you can do is remain professional in every court session because the quickest way to drive up your bail amount is to anger the judge.
