If you ever end up behind bars, the first thought on your mind is probably going to be, “How can I get out of here?” Most of the time, people who have been arrested are given the option of bailing out of jail. Bail is a process by which you are released from custody in exchange for paying a specific amount of money. The amount that you are expected to pay is determined by the judge presiding over your case. But, how does a judge set bail?
The judge will consider a number of factors before setting bail. First, he will review the details of the crime that the defendant has allegedly committed. Defendants who have committed minor crimes will have to pay less than defendants who have committed serious or violent crimes. In fact, defendants who have committed violent crimes may be denied bail if the judge believes they pose a threat to the community.
The judge will also review the defendant’s criminal record. Defendants who have a history of committing crimes will not be viewed favorably by the judge, and may have to pay more to secure their release from custody. If this is your first offense and it is minor, the judge should go easy on you when setting bail. You may even be eligible to be released on your own recognizance, which means you won’t be required to pay bail as long as you put in writing that you will show up to your court proceedings.
Some defendants are viewed as a flight risk, which means the judge has reason to believe that the defendant will skip town and not return for his court proceedings if he is released from custody. The judge may come to the conclusion that the defendant is a flight risk if he has no ties to the community. For example, if he does not have any family members living in the area and does not have a job, he is viewed as having no ties to the community and thus may be a flight risk.
Being represented by a criminal defense attorney may also affect the amount of bail that you are expected to pay. A criminal defense attorney can accompany you to your bail hearing or arraignment to negotiate the terms of your release. It’s possible that an attorney may be able to talk the judge into lowering your bail or allowing you to be released on your own recognizance.
Don’t attend a bail hearing or arraignment without an experienced criminal defense attorney by your side. Our attorneys will work with the judge to ensure that he sets a fair and affordable bail. If you have been arrested, contact Reisch Law Firm today by calling 303-291-0555 or filling out this online form.