A bail amount is usually set by a judge at a suspect’s first court appearance (bail hearing or an arraignment) after an arrest. Judges normally adhere to established flat rates to match the arrest charge. However, judges can alter these standard bail rates, not offer the option of bond, or waive bond altogether by releasing the arrested person on their own recognizance. There are several factors each judge takes into account when making their decisions.


  1. Severity of the Crime

A judge considers the nature and intensity of the crime someone is being charged with when deciding whether or not to set bail. Offenders of minor crimes will likely be given the option of bail, but if the crime is serious (armed robbery, rape, murder, etc) then a judge will likely deny bail.


  1. Past Criminal Record

A judge considers whether the arrested person has a criminal record when determining bail. A person with no major criminal convictions will likely receive the option of bail. However, a judge will likely reject the option of bail if a person has a history of violent crime, a history of repeat/multiple offenses, has other ongoing cases, or has committed the present crime while on parole.


  1. Flight Risk

If the arrested person has the means to flee the state or country in order to avoid trial or they have previously skipped a court appearance, a judge will likely deny bail due to the person being a flight risk. If the accused is a non-US citizen, bail will likely be denied and depending on the crime committed, the individual can be deported to their home country.


  1. Safety of Witnesses and the Community

A judge must determine whether they believe allowing the defendant back out into the community is a safe thing to do. If they determine the person is a danger to society (have committed a sexual assault/capital crime) or will will interfere with the prosecution witness(es), bail will likely be denied.


Contact a Reputable Bail Bond Company

After bail has been granted, defendants (or someone on their behalf) can either post cash bail or phone a bail bond company to arrange for a bond. We are a reputable bail bond company ready to assist you with making your bail arrangements. We will work hard to get you or your loved one out of jail as quickly as possible.