How Is The Amount Of Bail Payable Worked Out?

If a person is to be released from custody prior to their case being judged in court bail is often set. This is an amount of money that is secured against the fact that the defendant appears in court as agreed. This means that if you post bail for someone you are liable for payment of the whole bail amount if they fail to appear. But how is the bail amount determined?

The first general rule, when determining the bail amount, is that more serious crimes attract higher bail figures. This is why police often charge a defendant with the most serious crime they can, even if it’s likely that the charge will eventually be reduced. Of course, there are other factors that are taken into account when determining the bail amount. Let’s take a look at some of them.

What Factors Can Affect The Bail Amount?

Most bail amounts are set by the judge at a first court appearance which is either an arraignment or a bail hearing. There are standard bail amounts which the judge can refer to but other factors are also considered. These factors include whether the defendant has any previous convictions, whether they are employed and whether they have close links to the community within which they are being bailed.

There may be times when bail is refused. This can happen if a judge feels that the defendant is likely to flee. It can also happen if there is another warrant out for the defendant, in a different jurisdiction.

Bail before A Court Appearance

Depending on the area of the country, it’s often possible for a defendant to post bail before they actually appear in court. Jails can display bail schedules which list the standard amount of bail due for certain crimes. These schedules vary greatly across the country and the amount of bail payable depends on the severity of the crime. If a defendant wants to pay less than the amount listed on the schedule they have no choice but to wait to go before a judge.

In some areas of the county duty judges are employed. These judges are able to set bail amounts over the telephone. This means that defendants can post bail without having to appear in court. This system is often used as alternative to, or in addition to, bail schedules.

How Much Is Paid When Bail Is Posted?

If you are paying for bail bonds in California you can expect to pay 10% of the overall bail figure. You may also be asked to provide collateral. The first thing you need to do is contact a reputable bail bondsman. You will then be required to complete paperwork in order for your application to secure a bail bond to be approved. Once all of these actions have been completed the bail bondsmen completes the paperwork and posts the bond with the jail in order for the defendant to be released.

Hopefully, you now have a better understanding of how bail is set. It’s a process that has standard figures at its center with the facility for issues such as previous criminal convictions to be taken into account.