How Do Judges Determine the Price of Bail?

When a defendant appears in court, the judge will typically set a bail amount. Bail is the amount to be paid before the defendant is released from custody pending their upcoming trial. How does the judge determine the proper amount of bail, though? Well, there are a few factors to be considered.

Price of Bail Factors

Every criminal and civil case is unique. Still, there are common factors a judge will consider when settling on a specific amount for bail. Namely:

1. Bail Schedules – There are typically standard bail schedules, which align with common crimes in the region, that specify an amount for bail. The amount varies depending on jurisdiction.
2. Crime – The more serious a crime, the higher the bail amount. Local police typically arrest for severe charges with evidence against the individual. As such, bail is usually high.
3. Criminal Record – Individuals with an extensive criminal record or troubled past are more likely to face a higher bail amount. Additionally, the judge many deny bail altogether if there is an outstanding warrant in the mix.
4. Community – The defendant’s connection to the community makes a difference. Individuals who are invested in the community are generally at lower risk to flee or endanger others. As such, bail is set lower than normal.
5. Public Safety – On the other hand, if an individual is considered a risk to public safety, the judge is less likely to consider an easy release on bail. The bail amount will be higher.

Setting bail typically relies on the specificities of the case itself. You will want to speak with an experienced criminal defense attorney regarding bail amounts and your charges beforehand.