Bail Bonds 101: Judges Consider 5 Factors When Setting Bail Amounts. 

After an arrest, the arrested person must post bail to secure a release, in most cases. The bail acts as security that guarantees the judge that the person will attend all court hearings. However, defendants don’t realize judges consider 5 factors when setting bail.

Florida courts have a standard bail schedule already set in place by the Florida Supreme Court and the chief judge of the local court. At any time upon being booked the defendant can post the bail amount assigned for their accused crime.

However, you can choose to remain in jail until you see a judge the next day regarding your bail bond amounts. This hearing held the next day is typically called a 1st appearance hearing. At this hearing the presiding judge has the discretion to lower, raise, or leave your bail amount the same based on the facts of your case.

Judges Consider 5 Factors:

1. Your Criminal History

Judges consider whether you have a previous criminal record when deciding on the bail amount.

This important because it’s the judge that the heat from the Chief Judge of the Court and the public if you commit crimes while being released on bond. 

If you are a first-time offender, the judge may set a lower bail amount than they would for someone with a history of crime.

If your records show that you have a history of not showing up for court hearings, the judge sets a higher bail. Alternatively, they could deny you bail altogether.

2. The Nature of the Crime

Judges use a bail schedule. This scale will indicate the amount of bail required based on the severity of the crime you have been arrested for.

Bail schedules base their recommendations on state and federal laws.

More severe crimes typically attract higher bail amounts. That is why you will find that the bail paid for felonies is significantly higher than for misdemeanors.

You secure a release if you pay the amount indicated on the bail schedule immediately on booking. However, you have to go to court if you want a lower bail.

3. Your Community Ties

Your ties to the community also play into your bond amount. It’s used to determine your likelihood of fleeing after your arrest.

The judge will want to know whether you have a family and if they stay in the area.

They will also look into your employment status. If your family is close and you have a job. If you do, you are a low risk of being a flight risk.

The judge also considers whether you contribute to any community development programs and your reputation in the neighborhood. A good reputation means you are trustworthy. Thus, the judge may set a lower bail.

4. Financial Status

The aim of bail is not to overburden the defendant with costs. However, it is designed to guarantee the defendant appears in court. Thus, the judge will use your financial status to determine the bail amount of your bond. 

The judge will consider whether you have a job and the type of job you have when setting bail.

Judges also consider factors like your net worth. The judge will also look at any financial obligations you have before deciding on bail.

The court will look at child support, car payments. In addition, the court will review mortgage payments and credit card debt. 

5. Risk to the Public

The judge must consider whether there is a significant chance you may harm the complainant or witnesses in your case before setting bail. People charged with violent crimes, sexual assault, or physical assault are likely a danger to the public.If the judge decides that you pose a public safety risk, they set a high bail amount or deny you bail. The judge may also decide to hold you in custody if they deem you a danger to yourself.

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