Factors Considered in Determining Whether to Order Bail/ Amount of Bail: Nature and Circumstances of Charged Offense. Potential Penalty of Charged Offese. Family & ties in the community. Employment history, length of residency and reputation in the community. History of Mental Illness and Substance Abuse. Criminal Record.
Flight risk - Bail is often denied if the court believes you are a flight risk based on financial resources, ties to the community, or a prior failure to appear in court. Violent crime - If you are accused of a particularly violent crime, the judge might decide you are a potential threat to the community.
SUMMARY FINDINGS grant bail or detain suspects affects all stages of the criminal justice process. characteristics finds that severity of an offense and prior criminal record are the strongest predictors of pretrial release decisions. correlated with pretrial release.
Penal Code § 1275, the judge or magistrate will weigh the following factors when setting, lowering, or denying bail: Whether or not releasing the defendant would endanger the community. This is the most important deciding factor of all.
Bail after an Arrest After booking, a Bail Clerk will be contacted by the police and he or she will be told the circumstances of the arrest and the charges against the arrestee. The Bail Clerk will decide if a bail is necessary to guarantee your appearance at Court if you are released, and if so, how much.
How to Post Bail in Massachusetts. Once bail is set, the defendant or someone on their behalf can post bail.
In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.