In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
Judges consider 13 specific factors when choosing conditions of release. Those conditions include the nature of the crime charged, the person's ties to the community, the person's financial resources, and the safety of others.
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.
Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.
Common Bond Conditions: The Essentials to Know Mandatory Court Appearances. One of the primary conditions of being out on bond is attending all scheduled court appearances. Travel Restrictions. Maintaining a Law-Abiding Lifestyle. No Contact with Certain Individuals. Compliance with Substance Abuse Testing.