In most states, there is a bail schedule that predetermines bail amounts for particular levels of offenses. Judges generally stick to using this standard practice for bail. However, judges have the power to alter the bail schedule for a particular crime if they believe it is necessary. They can lower or raise the bail amount, or they can abolish the right to bail altogether.
Continue reading to learn the 4 primary considerations court magistrates make in order to determine a defendant’s bail.
There are certain laws and guidelines that courts use to make decisions in criminal cases. These regulations vary from state to state, but are mostly universal. Our 8th Amendment guarantees U.S. citizens the right to having a bail hearing within a reasonable and fair amount of time. In fact, it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Here in Indiana, bail must be set by a judge within 20 days of the arrest.
When it comes to setting bail, bail schedules are used, as mentioned. However, a judge can change things up as they please. Basically, a judge’s decision in altering the bail schedule is influenced by all sorts of factors, including the nature of the charge, as well as, a defendant’s criminal history, current pending charges, age, likeliness to flee, employment, and more. But the top 4 factors you need to be concerned about include:
❶ Severity of Offense
– How serious is your charge?
❷ Criminal History
– What types of arrests and convictions are on your record?
❸ Flight Risk
– Will you flee while out on bail?
❹ Case Interference
– Will you interfere with or intimidate the prosecution witness or community?
Once Bail is Set
Once a judge sets a person’s bail, that person can be processed into the jail system and then bonded out. They can choose to pay the entire bail amount in cash, and then receive their monies back when they complete all of their court-related obligations; or, they can pay a bail bond company a fraction of the bond amount, but this is a non-refundable fee. Most people choose to use a bail bondsman because it is more convenient that giving up all your cash for a release from jail. Many people cannot afford to pay the jail thousands of dollars, so paying a bail bondsman a few hundred is more cost-effective.
When Bail is Denied
Bail can be denied for a number of reasons. A defendant is almost guaranteed to have their bail rights revoked if they have a history of failing to appear for their scheduled court hearings. Also, those in probation or parole are likely to have their bail privileges denied by a judge. If a judge grants a person bail, a bail bond company can still refuse to provide service for them if they believe they are a flight risk.
The Fastest Wat to Get Out of Hamilton County Jail
Call Uptown Bail Bonds at 317-919-2489 for fast and friendly bail bond services in Hamilton County, Indiana. We offer 24 hour bail bonds, county and state bonding, free jail and inmate information, and we serve several other cities in Indiana; including Boone County, Madison County, Marion County, and more.
