Why Do Judges Set Bail High?

When awaiting a trial, defendants often stress over the costs of bail and how they will come up with the money to get out of jail (post a bail bond). Although the eighth amendment guarantees against excessive bail, it does not ensure it will be affordable.

Misdemeanors (a less serious crime) rarely have high bail amounts set by judges, but felonies are another thing. What determines whether a person will be granted a low or high bail amount?

If you or a loved one has been arrested and is stuck with a high bail amount, you have the right to know why. You will learn this information in a bail hearing. Outside of standard bail (a bail schedule), your bail amount will be based on what a judge believes to be most appropriate.

How a Judge Determines Bail Amounts?

Why do judges set bail so high? Generally, judges set large bail amounts in situations where the defendant has committed an offense involving a child or the defendant poses a danger to the community. High amounts may also be set if the accused is considered a flight risk or has a prior criminal history.

There are other determining factors that a judge considers when setting a defendant's bail amount.

The following are several factors that are considered before a judge sets bail and will significantly influence bail amounts.

Evidence

The court is going to consider the amount of evidence against the defendant. If the court reviews the evidence and believes a guilty verdict will result from the trial, they may set bail higher, or even force the accused to post cash bail.

Criminal History

The defendant's criminal history will also be reviewed. How many priors have they had? What types of crimes have they committed? Even if the current charges are unrelated to the past criminal history, a higher bail amount may be set.

If the accused has ever failed to appear in court for any prior cases, engaged in activity strictly prohibited when out on bond, or committed a crime when on bond, the accused will most likely have to pay a high bail amount.

Community Risk

Is the defendant a risk to their community? Do they have strong ties or close ties to the local community? If they are a repeat offender or have a rap sheet of past violent crimes, you can assume that the amount of bail will be higher.

An argument has been brought before the supreme court stating that keeping someone in jail based on the idea the accused is a danger to the community, violates the 8th amendment. The supreme court did not agree with this.

Flight Risk

You have likely heard about flight risks if you've ever watched TV courtroom dramas. If a person has significant criminal charges now or in the past, they could try to run and not show for their court appearance (court dates). The court must weigh the flight risk carefully when deciding the bail amount.

The severity of the Offense

The current charges play a significant role in whether bail will be high. You do not have to be charged with murder for an offense to be considered severe. Severe offenses will lead to higher bail amounts and even the possibility of bail being denied. For more common crimes, the bail amount is determined based on bail schedules, and you will pay a pre-set amount of money.

Who Will Set My Bail Amount (If Not on Bail Schedule)?

The judge presiding over the hearing will typically set the bail amount. As stated above, some bails are predetermined according to the law (these are known as bail schedules). Even in these circumstances, judges have some say over the final bail amount.

Can I Have the Bail Amount Reduced?

Once the judge has set bail, the defendant's lawyer has the right to file a motion for reduced bail. A second arraignment will be scheduled, and the reduced bail matter will be discussed at the court hearing.

During the second arraignment, the defendant's lawyer may submit further evidence to ensure the judge understands their client is not a flight risk. Getting the bail amount reduced is not guaranteed.

What Does It Mean When Your Bail Is Zero?

Sometimes, a judge will list a bail amount as zero or no bond. A zero bond means the judge has reviewed the seriousness of the crime and wants to hold you in jail or considers you a flight risk.

This bond amount can also mean the judge has not decided yet on your bail hearing. In most states, unless you have been charged with murder, you have the right to bail.

What Bail Amount Is Set for Felonies?

Felony bails vary according to the severity of the crime and the risk to the community. Some felonies that typically carry a large or no bail at all include murder, sexual assault, assault, and battery. In some states, the bail set for a murder charge could be as high as $500,000 or more.

What Is a Commercial Bail Bond?

A commercial bond is the same thing as a bail bond. Under the commercial bond system in the United States, you have the right to hire a bondsman by paying a fee that includes a certain percentage of what bail is set at. The fee percentage is mandated at the state level.

Know Your Responsibilities

Signing a bond for a family member or friend requires you to be adamant in understanding your responsibilities and those of the defendant. The accused must show up for all court dates. The accused will also be required to abide by all terms of their release.

It is important to note that if the accused does not show up for court or meet the terms of their release, the bond would be revoked, and the judge may release a bench warrant. Knowing their responsibilities will help individuals avoid penalties for not showing up for court because they forgot their appearance dates.

Contact Our Bail Bond Agency for Help

Dealing with an arrest is highly stressful for the accused and their loved ones. When an individual is arrested and charged with a crime, they want to post bail and get out of jail and return home as soon as possible. Waiting through the booking and bail hearing process becomes taxing. You should not try and navigate the bail bond system on your own.

We understand you have a lot of questions about posting bail and may need help understanding your options and how to proceed with securing a bond for your loved one or friend. Call our office and get in touch with a bail bondsman that can help you.

Allow us to help you through the bail bonds process each step of the way. We have been working in the bail bonds industry for many years and offer sound advice and guidance to clear up the muddy waters and help you better understand the process of hiring a bail bondsman. We know you have a lot of bail bond companies to choose from and appreciate the chance to earn your business.

Call now to speak with a bond agent and get released on bail.

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