A bail is an amount set by the judge that a defendant must pay as guarantee for his/her temporary liberty while their case is being heard in court. It is typically set during the suspect’s first court appearance after an arrest.
A judge can use a lot of options when setting bail. This includes sticking to the bail amount based on the schedule, raising or decreasing the amount of bail, deny bail or order the temporary release of the defendant based on his/her “own cognizance.” In certain situations, a judge may set special conditions as guarantee for the defendant’s temporary release.
A bail can be posted either in cash or with the use of a bail bond. Bail bonds are posted by professional bail bond companies like the bonds Denver Co specialists.
Although there are different types of cases with each one having its own facts, there are generally seven major factors that a judge can use in determining bail amount. These include:
Standard Bail Schedule
A bail schedule refers to a list of criminal offenses and their corresponding bail amounts. So if someone commits a crime, the amount of bail may be based on this list. Should a suspect seek to lower his bail amount, he must seek audience with the judge.
The Seriousness or Gravity of the Alleged Offense
Generally, bail amounts are based on the gravity of the alleged crime. The more serious a crime gets, the higher the bail amount goes.
A Suspect’s Criminal Record
A defendant with a record of past crimes will possibly tackle higher bail amounts, and if he/she has an outstanding warrant in any jurisdiction, the judge has all the rights and authority to deny bail altogether to make sure that he or she is in custody to face his/her offenses.
The Defendant’s Ties to Family or the Community
A defendant with strong ties to family or the community are less likely to flee, commit more crimes or endanger the lives of others. They have a good chance of getting lower bail amounts because of this.
The Defendant’s Probability of Appearing in Court Dates
A bail is primarily intended to serve as a guarantee that a defendant will appear in court on all hearing dates. Courts generally set higher bail amounts on defendants who missed a number of court hearings in the past.
Public Safety
The court can determine if a defendant is a risk to public safety based on the nature and gravity of the crime he/she committed. This will serve as basis for determining the bail amount.
Flight Risk
Courts are likely to set higher bail amounts on suspects who they determine have a high possibility of fleeing before the case is resolved. This is especially true to suspects who are arrested while on the run.
A bail is a right to get temporary freedom. Make it work to be able to live normally while your case is in progress.
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