Understanding The Bail Bonds Setting Procedure

Posted on: 19 May 2021

Following an arrest, suspects have the option of paying bail to get out before the conclusion of the court process. The provision allows defendants to consider bail bonds as a possible option. The duration of court cases depends on the severity of the matter. Some court cases can last for months or even years. Following the presumption of innocence until proven guilty under the law, it would be unfair to spend all that time in jail. Therefore, courts set bail amounts depending on factors such as how serious the crime is to allow the defendant the possibility of staying free until the court process is concluded. While a judge may grant or deny a defendant's bail request, the process of determining bail amount is not arbitrary. The defendant may pay the full bail amount or have a bail bondsman or bail bonds agent pay on their behalf if they cannot raise the amount. The bail setting process is determined by legal stipulations and the surrounding circumstances of the case, as explained below:

Understanding the Legal Stipulations in the Bails Schedule

Bail bonds are determined based on legal stipulations in the criminal bails schedule. Every local jurisdiction determines the breakdown of bail requirements and amounts in the state's criminal bail schedule. Consequently, bail terms and amounts vary in different states. The judge looks at the bail schedule to determine the nature of the crime and the reasonable bail amount. The criminal bail schedule is only the first of many considerations. Thus, hiring bail bonds services is integral to meeting the determined amount.

The Arrest's Surrounding Circumstances

There are other factors the judge considers before setting the bail amount, in addition to the nature of the crime. These include the defendant's criminal history, financial status, standing in the local community, and whether the defendant is a flight risk. Moreover, the judge looks at the defendant's criminal records, previous charges, granted bails, and if the defendant appeared in all court proceedings to determine whether the defendant is a flight risk. Your preferred bail bonds company should assist you in pleading for a reduced amount besides covering the set bail. 

Understanding How Automated Bail Amounts Are Set

Some states have digitized the bail-setting process. The computer program requires a judge to input specific data such as the charge, the defendant's age, and their criminal history. The computer recommends appropriate bail amounts before the judge makes a final determination on the grant of bail and at how much. If a defendant cannot pay the bail amount, a bail bonds agent may bear the amount on the defendant's behalf. Most bail bond agents charge a percentage upfront of the total amount paid on the defendant's behalf.