How Is The Amount of Bail Determined?

Bail Schedules for Common Offenses

For the most common, non-violent offenses, jails will typically have a bail schedule posted. This is just a list of the price of bail for each offense. Since these are such common offenses, most jails will allow offenders or their bondsmen to post bail almost immediately. 

The Seriousness of The Crime

Bail will be set at different amounts based upon the seriousness of your offense. If your crime was minor and non-violent, your bail will be lower. If your crime was more serious or of a violent nature your bail will be higher, and sometimes if the offense is serious enough the judge will not allow for bail to be posted at all.

Flight Risk

The purpose of bail is to ensure that the defendant shows up for their trial. When a person is considered a flight risk it means that they are less likely to show up for court. Many times this is determined by examining their ties to the community. When a person has close ties to the community it is assumed that they are more likely to stick around. Someone who has had the same job for years and has a family is much less likely to skip court than someone with no ties.

Past Criminal Record

When determining how much to charge for bail, the judge considers the defendant’s previous criminal record. The longer the record, the higher the bail. In addition, if the defendant has previously been found guilty of the same crime that they are currently being accused of, their bail will most likely be set a higher amount. 

History of Appearing for Court Cases

Just as the defendant’s criminal record is taken into consideration when determining bail, so is their history of appearing for court cases. If someone has a record for not showing up for their trials, a judge is much more likely to set a high bail, or in some cases not offer bail at all. On the other hand, if you have no criminal record or court cases, that will most likely lessen your bail amount. 

Community Risk

When determining the amount of your bail, the judge will consider whether or not you may be a risk to your community. This typically applies to either violent or negligence crimes. If the judge believes that your behavior could possibly endanger you or anyone in your community, your bail will be set higher.  

Your Income

The amount of your bail may also, in some cases, reflect your income. This is more typical for non-violent offenses so that bail can be posted and the defendant can return to their lives while awaiting trial. 

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