Judges set bail based initially on a "bail schedule," but they can raise or lower the amount, based on the circ*mstances of the case.
Judges ordinarily set a bail amount at a suspect's first court appearance after an arrest, which may be either a bail hearing or an arraignment. Judges normally adhere to standard practices (for example, setting bail in the amount of $500 for nonviolent petty misdemeanors). However, judges can raise or lower the standard bail, or waive bail altogether and grant release on the defendant's "own recognizance," or O.R., based on the circ*mstances of an individual case.
(For related information, see Can you appeal a judge's bail order?)
Defendants do not need a lawyer to arrange for bail. They can either post cash bail, personally, or phone a bail bond seller and arrange for a bond. Relatives or friends can come to a jail or court and post cash bail for an arrested person or purchase a bond from a bail bond seller.
Factors That Influence Bail Amounts
In addition to the seriousness of the charged crime, the amount of bail usually depends on factors such as a defendant's past criminal record, whether a defendant is employed, and whether a defendant has close ties to relatives and the community.
Judges may legally deny bail altogether in some circ*mstances. For example, if another jurisdiction has placed a warrant (hold) on a defendant, a judge is likely to keep the defendant in custody at least long enough for the other jurisdiction to pursue its charge. And bail may be denied to a defendant who is likely to flee the jurisdiction before the case concludes.
Example: Rosie Olla is arrested and charged with managing a large prostitution ring. Rosie is a naturalized American citizen born in Spain, and her family still lives in Barcelona. While searching Rosie after her arrest, the police found that she was carrying a passport and $5,000 in cash. Under these circ*mstances, a judge will probably be very reluctant to set bail for Rosie. Her family background and the fact that she was carrying a passport and a large amount of cash suggest that Rosie may flee to Spain if she is released on bail. Unless Rosie can explain to the judge why she was carrying the passport and cash, and can also demonstrate strong ties to the local community, a judge is likely to deny her request for bail.
Bail Schedules
In many areas of the country, defendants can post bail with the police even before they are brought to court for a bail hearing or an arraignment. Many jails have posted bail schedules, which specify bail amounts for common crimes. An arrested defendant can obtain release immediately after booking by paying the amount of bail set forth in the jailhouse bail schedule. Bail schedules can vary considerably according to locality, type of crime, and residency.
As a general rule, bail for offenses classified as felonies is five to ten times the bail required for misdemeanors. The more serious and dangerous the crime, the higher the amount of bail is likely to be. As a general rule, a jailhouse bail schedule is inflexible. The police will not accept bail other than as set forth in a schedule; suspects wanting to pay less must go before a judge.
As an alternative or in addition to jailhouse bail schedules, some areas have duty judges. A duty judge is available to fix bail over the phone, without the necessity for a formal court hearing. Like a jailhouse bail schedule, using a duty judge is an option for arrested persons who are anxious to bail out of jail before going to court.
Police Practices That Affect Bail Amounts
Unfortunately for many suspects who want to bail out of jail quickly, the police tend to arrest suspects for the most serious criminal charge that can possibly be supported by the facts at their disposal. For instance, the police may treat possession of a small amount of marijuana (a misdemeanor in most states) as an arrest for possession of marijuana with intent to sell (a felony in all states). Even though such a charge will almost certainly be reduced to a misdemeanor later in the case, it is a felony for the purposes of the bail schedule, and bail will be set accordingly.
FAQs
Factors That Determine Bail Amounts
- Nature or Severity of Crime. Depending upon the crime that has been committed, the bail amount will be set according to these standards. ...
- Criminal Record. ...
- Employment and/or Financial Situation. ...
- Flight Risk. ...
- Danger to Community. ...
- Strength of Case.
Judges typically weigh the following key factors when deciding on whether to impose bail and in what amount:
- Your previous criminal record;
- Whether you are considered a flight risk;
- The severity of your alleged crime; and.
In setting the amount of bail, a California court will consider relevant facts about the defendant and the crime alleged, including: The seriousness of the crime alleged. The defendant's prior criminal record. The probability that the defendant will appear for hearings and trial.
What factors will the judge consider when issuing a bond? ›
Defendant's Criminal History and Community Ties
Other factors that influence the bail amount include a defendant's past criminal record, a defendant's record of bail jumping (or failure to appear), whether a defendant is employed, and whether a defendant has close ties to the community.
What are 3 factors that a judge takes into consideration when sentencing? ›
The judge may consider a variety of aggravating or mitigating factors. These include whether the defendant has committed the same crime before, whether the defendant has expressed regret for the crime, and the nature of the crime itself.
What are the three influences on a judge's decision to set bail? ›
Risk of Flight: The judge considers whether the defendant is likely to flee before trial. Public Safety: The judge evaluates the potential danger the defendant poses to the community. Financial Means: The judge assesses the defendant's ability to pay bail.
What factors influence decisions regarding bail? ›
What factors influence whether bail is granted?
- 1.1 Flight Risk.
- 1.2 Danger to the Community.
- 1.3 Ability to Pay.
- 1.4 Nature of the Charges.
- 1.5 Defendant's Background.
- 1.6 Evidence Against the Defendant.
- 1.7 Victim and Public Safety.
- 1.8 Alternatives to Monetary Bail.
6 In considering whether bail should be set, the judge looks to the defendant's prior criminal record,7 including past failures to appear at court hearings, the nature of the offense charged, 8 corresponding police reports, possible penalties for the offense, and representations about his ties to the community.
What is the highest bond ever set? ›
Number 1 Highest Bail Amount In History- Robert Durst
In 2003, Robert Durst found himself in a jail cell with a grand total of 3 billion dollars over his head. The court set his bail this high not only because of the nature of his crimes but also because he was considered a flight risk.
What factor would influence a judge's decision making process in setting bail? ›
Research shows that outcomes of these decisions are influenced by legal factors such as severity of the offense and prior record, and extralegal characteristics such as income and social disadvantage of the defendant as well as his or her race, ethnicity, and gender.
It is these last two factors that are the most critical to any judge: 1) Whether the person is at risk for failure to appear for future court proceedings; and, 2) Whether the person represents a danger to the public.
What is the best form of bail? ›
Cash bail is precisely what it sounds like: a bail bond paid in full with cash. If you (the defendant) have the extra scratch, then this is, by far, the best option available to you. The reason is that your trial has ended once you appear for all your court dates and appointments.
What factors do judges consider when setting bail? ›
(“(a) In setting, reducing, or denying bail [pursuant to a California bail hearing], the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing ...
Who usually issues a bond? ›
A bond is a loan that the bond purchaser, or bondholder, makes to the bond issuer. Governments, corporations and municipalities issue bonds when they need capital. An investor who buys a government bond is lending the government money. If an investor buys a corporate bond, the investor is lending the corporation money.
What is required to issue a bond? ›
That the issuer is validly existing. That the issuer's officers validly hold their offices. That the public meeting at which the bond issue is approved was properly called and held. That there is no material litigation pending against the issuer that would adversely impact the bond issue.
Which of the following are factors in how the judge determines the amount of bail? ›
When determining the amount of bail, judges typically consider factors such as the seriousness of the crime, the defendant's prior record, the defendant's family responsibilities, and the defendant's negative personal characteristics.
What factors does a judge consider when deciding a case? ›
5 factors a judge will consider are:
- Case law and statutes. The first thing a judge must consider is the law. ...
- History of offenses. Prior criminal records will be considered by the judge when determining your sentence. ...
- Compliance. ...
- Severity. ...
- Risk to the community.
Penal Code § 1275, the judge or magistrate will weigh the following factors when setting, lowering, or denying bail: Whether or not releasing the defendant would endanger the community. This is the most important deciding factor of all.
