If you’ve been arrested for a crime, you can be held in prison until you are summoned before the court. Depending on the severity of the crime, this can take days, weeks, months, or even years. However, if you’re granted bail, you can remain at home until you need to appear for trial. While there is an element of trust in bail, it also involves money. You must come up with a set amount of money, which can be forfeited if you don’t return. Many factors determine how much money you must pay for a bond, including the following:
The Severity of Your Crime
With bail bonds explained, you now understand that you pay money to maintain your freedom while you wait for your case to be heard. However, the severity of your crime can determine whether you’re allowed that freedom.
The more severe the crime, the higher the dollar value of the bond is. In many situations, bail is denied altogether. This means that no amount of money will secure your release into the general public. Violent offenses, drug trafficking, and felonies typically see high bail amounts or no bail, whereas misdemeanors, DUI without injury, and petty theft often have lower bail amounts.
Your Criminal History
Judges often factor in your criminal history before setting bail. If you’re a first-time offender, you may be required to pay a very small bond. However, if you have a lengthy criminal history with arrests, convictions, and probation violations, your judge may set a high bail bond or deny it altogether.
Whether You’re a Flight Risk
You have no choice but to appear before the courts when you’re held in custody. However, the courts can’t guarantee you’ll turn up to your trial if you’re released on bail. That’s why judges always weigh up whether you’re a flight risk before setting your bail.
If you have a steady job, own properties, and have family ties, the courts may set a low bond because they see you as low-risk. However, if you have a history of prior failures to appear, your bond amount might be significantly higher, or bail might be denied altogether.
Your Level of Danger to the Community
The risk to the community posed by someone accused of petty theft is generally far lower than that of someone charged with murder. Judges typically set bail amounts based on whether you’re a high or low risk to the general public.
People with gang affiliations or a history of violence and weapons use may have bail set high compared to someone facing a DUI without injury charge. Furthermore, if you’re seen as a threat to the community, the judge might prefer to have you held in custody awaiting trial.
Your Ability to Pay
Even if you intend to work with a bail bonds agent to cover your bail, many courts consider your ability to pay a bond before setting it. Your judge may consider your financial situation and set a bond reflective of it.
There’s more to bail bonds than meets the eye. If you’ve found yourself on the wrong side of the law, the factors above may contribute to the bond amount your judge sets, allowing you to remain at home while awaiting trial.
