FAQs About Bail Amount
Some people mistakenly believe that a prosecutor or the jail sets the bail in a case. In actuality, the judge sets the bail amount. When determining bail, there are certain factors that he or she weighs. If your loved one is in jail and has a bail hearing scheduled, here is what you need to know about bail.
What Factors Are Used to Determine Bail?
When determining the bail amount, one of the first factors a judge considers is the nature of the crime. Obviously, less serious offenses are more likely to net a lower bail amount. The judge can also take into account just how strong the prosecution's case is. To assess this, the judge can review the evidence that has been collected to that point.
Your loved one's past also plays a role in the bail amount that is set. If your loved one has been convicted in the past of crimes, the judge might believe that setting a higher bail is in order. How long ago and the nature of those offenses could influence just how high the judge is willing to go.
If your loved one is currently out of jail on bail, the judge could set a higher amount. One of the conditions of receiving bail is that the defendant does not get into any more legal trouble while awaiting trial. By getting arrested again, your loved one has possibly put his or her freedom in jeopardy.
In addition to these factors, the judge will also assess your loved one's ties to the community, such as whether or not he or she has family living in the area and is employed.
What If the Bail Amount Is Too High?
Unfortunately, the amount that the judge sets can sometimes be more than the family can afford. If this occurs, your loved one can ask for a bail review. During the review, your loved one's attorney can argue why the bail amount should be lowered.
If there is evidence available as to why the bail should be lowered, they should be provided to the court before the hearing. Evidence can include letters from your loved one's employer and community leaders offering testimony about your loved one's character.
It is important to note that if your family cannot afford the full amount of the bail, a bail bondsman (such as one from Pat's Bonding) can help. The bondsman will accept a portion of the bail amount to help secure the release of your loved one.