Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.
Defendants out on bond are often required to remain within a certain geographic area, usually within the state or county where the case is being prosecuted. Travel outside of this area is typically prohibited unless explicitly permitted by the court.
In short, you are allowed to travel out of state on bail but only if the courts allow it. Every bail agreement is unique, which is why it's vital that you understand the circumstances surrounding yours. Understanding the terms of bail when signing the agreement should help you avoid any problems.
Even when operating across state lines, bail bond agencies must adhere to the local laws and regulations of each state. This includes differences in the amount of bail, conditions for release, and the procedures for posting bail.
If violators cannot make bail, they must remain in jail and the A&P hearing will take place when court next convenes. If the violator is not released at the A&P hearing, a trial must be held within 48 hours.
Currently, eight states do not have a bail bond system: Illinois, Kentucky, Maine, Massachusetts, Nebraska, Oregon, Washington D. C., and Wisconsin. Illinois not only bans bail bond agents, but attorneys and some state employees are not permitted to post bail for defendants either.
At present, most states continue to support some form of bail bond system to handle pretrial detention and release. There are, however, a few exceptions. States unfriendly to commercial bail include Illinois, Kentucky, Maine, Massachusetts, Nebraska, Oregon, and Wisconsin.
Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.
In 1976, Kentucky was among the first states to outlaw commercial bail bonding as a part of the Kentucky Revised Statutes. For those outside of Kentucky, a bond, specifically a bail bond, is an agreement between the defendant, the court, and a bail bondsman, who is third-party entity.
At the time of writing, there are eight states that do not allow private bail bondsmen (or have very strict policies), namely Washington, D.C, Kentucky, Massachusetts, Illinois, Maine, Wisconsin, Nebraska, and Oregon. Additionally, each state has different prerequisites (such as age, criminal history, etc.)