Skip to main content

What Are the Factors Used for Setting Bail?

Two people can commit the same or similar crimes, yet have very different bail amounts. This is because there are many factors that are looked at when determining whether someone is eligible for bail and how much their bail should be set at. If you have a loved one who has been arrested, you may wonder how the bail process works. Here are a few of the factors that are looked at when bail is being set.

The Crime That Was Committed

One of the first factors that is looked at when determining how much bail should be set at is the crime that your loved one is accused of committing. Some states have a bail schedule, meaning certain crimes have a minimum or maximum bail amount. Other states do not. The more violent the crime was, the higher the bail will be. If someone committed a minor crime, they may be ordered released on their own recognizance, meaning they sign a promissory note to appear in court and their word is all that is needed to free them.

Past Criminal History

Another factor that is looked at is your loved one’s past criminal history. If your loved one does not have any past arrests, their bail will be lower than someone who has multiple past arrests and convictions. The judge or magistrate in charge of setting bail will look at the past criminal history and whether the crimes are increasing in severity and frequency.

The Risk to Public Safety

One of the most important factors that is looked at when determining whether bail should be set and how much it should be set at is whether your loved one is a risk to the safety of the general public. For example, if they are accused of murder, the judge has to look at whether it is likely they will get out on bond and kill someone again. If someone is a risk to the public, they may be denied bond, or they may have a very high bond amount set.

Potential Flight Risk

The final factor that is looked at when determining whether to set bail and at what amount is whether someone is a flight risk. The courts have to look at how likely it is that your loved one will come back to court and answer to the charges they are facing versus how likely it is they will run. The judge will look at what ties the individual has to the community, such as work ties, church ties and family ties.

After bail is set, you can contact a bail bonds company, such as us at Free at Last Bail Bonds, to help get your loved one out of jail. At Free at Last Bail Bonds, we understand the importance and urgency of reuniting families. If you or a loved one needs our services, we are here for you 24 hours a day at 470-410-3409

Bail, Bail Bonds, Process