If you have been arrested, you may feel overwhelmed at the thought of securing bail. Your lawyer needs to convince the court that you will adhere to the court orders when granted bail. The state considers the following factors when they work on your bail request.
1. Charges Against You
The type of charges against you determines your bail case success and amount. More severe offenses like murder or robbery will attract high bail charges or even denial of bail. In contrast, minor charges like a first DUI offense will have lower bail.
The nature of the charge is also crucial to determine bail. Set programs stipulate the amount of bail you can get from a specific offense. However, bail algorithms will incorporate additional factors like your personal status or history. The judge usually makes the final decision on the algorithm output.
2. Risk to Public Safety
If the judge finds that you pose a security risk to the public, the case, victims, or witnesses, then your bail will rise or tend towards denial. Such offenders include those charged with serious offenses like sexual assault or domestic violence.
3. Flight Risk
The defendant needs to be within the court’s jurisdiction during the period before the trial. If the judge deems that you may flee to abscond your legal obligations, your bail amount will likely increase. The judge will probably deny the bail request in extreme cases where the defendant is arrested while on the run.
4. Previous Offenses
The process to receive bail will be more difficult if you are currently convicted or have an outstanding warrant for another violation.
The frequency and nature of previous offenses hold a critical role for the court to determine your bail. If you repeatedly disrespect the law, your prior offenses can increase bail. You can find that a second or third DUI charge will attract a higher amount of bail, even if it’s a misdemeanor. Besides, a prior criminal offense like a sexual charge can impact your current DUI bail and place you at risk to public safety.
Even if you don’t have any criminal records, you aren’t guaranteed a lower bail amount. However, no prior charges can increase your chances of being granted bail.
5. History of Court Appearances
If you have a history of absconding court orders, you will likely get higher bail amounts. You need to be within your court jurisdiction and attend to the court proceedings by law. Failure to follow these proceedings will increase your bail amounts, or the judge might deny you bail.
You can get rearrested and lose your bail or property bond when you fail to appear in court. Once the judge issues a warrant for your rearrest, your chances to get bail in the future also reduce significantly.
You would still have to pay for the bail bond, and if the state can’t arrest you, they will hire bounty hunters to find you. This might mean that you will be on the run for quite a while.
6. Personal Status
Your relations in the community will influence your bail amount. If you involve yourself in community activities and have a good reputation, the chances are that you will get lower bail amounts. Your employment and family status can also help you lower your bail amounts. A solid connection to your community proves that it’s more difficult for you to flee.
You don’t have to worry if you need bail. Your lawyer can put in a strong court case with credible evidence based on these factors. Once you get the bail, you can contact us at Hand In Hand Bail Bonds to help you through the bail bond facilitation process quickly.