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.
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.
Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.
The amount of bail required depends on the severity of the crime, as well as enhancements such as using a firearm during the alleged crime, having a prison prior within the last ten years and prior sex offenses when the crime at issue is another sex offense. Bail also varies by county.
A judge is guided in setting bail by considering the public's safety if an individual is released on bail. Defendant's threats to a witness, for example, may be considered on this issue.
In the state of North Carolina, there are four ways to get a person out of jail: post the bond yourself, use property for collateral in court, have a judge release the defendant on their own recognizance, or hire a licensed and insured bail bondsman.
Voluntary Bond Revocation – Sometimes, the person who posted the bail (often a family member or friend) may choose to revoke the bond voluntarily. This usually happens if the defendant is not adhering to the conditions of their release or if the person posting bail feels that the defendant is a flight risk.
Yes, a person can go back to jail after being released on parole. Parole is a conditional release from prison, and individuals on parole must adhere to specific rules and regulations set by the parole board.