How Is The Bail Amount Determined?

As you binge-watch your favorite courtroom dramas, you might often hear the phrase: “bail is set at X amount.” However, do know what that means and how judges set bail? Well, bail is the money a defendant pays to get out of jail before their trial, and the amount of the financial arrangement is set by a judge who considers several factors such as the defendant’s criminal history, the severity of the crime, etc. The purpose of bail is to ensure that the defendant returns to court for trial and does not flee the jurisdiction. If a defendant cannot afford to pay bail, they can turn to a bail bonds service. A bail bondsman in Raleigh, NC will post the bail amount for a fee, usually 15% of the total bail amount.

How is the bail amount set?

This might come as a bit of a shocker, but judges don’t select random numbers for calculating a defendant’s bail. There’s a standardized process for calculating and setting bail amounts based on different factors. Wondering what these factors are? Read on to find out!

#1 Criminal History

A defendant's criminal history is a significant factor in setting bail. If the defendant has a history of not appearing in court or committing other crimes while out on bail, the judge is more likely to set a higher bail amount. On the other hand, if the defendant has a clean criminal record, the judge may set a lower bail amount.

#2 Severity of the Crime

The severity of the crime is another crucial factor for determining the bail amount. Life-threatening crimes, such as murder or armed robbery, will result in higher bail amounts than less severe crimes, such as a traffic violation or a misdemeanor offense.

#3 Ties to the Community

A defendant's ties to the community are also considered when setting bail. If the defendant has strong ties to the community, such as a stable job, a family, and property ownership, they are less likely to flee and may receive a lower bail amount. Conversely, if the defendant has no ties to the community, they may be considered a flight risk and receive a higher bail amount.

#4 Other Factors

In addition to the factors mentioned above, judges may consider other factors when setting bail, such as the defendant's mental health and risk to public safety. If the defendant proves to be a responsible citizen who isn’t a threat to public safety, the bail can be set to a reasonable amount.

Conclusion

Judges have a bail schedule that provides guidelines for determining the bail amount. However, judges may increase or decrease the amount based on other circumstances, like if the defendant has been arrested while on bail or how their courtroom behavior is. While bail is a significant part of the criminal justice system, some defendants fail to post bail due to financial limitations. They can go for bail bonds in Raleigh, NC from a licensed bail bondsman to get out of custody before their court date.