Factors that Influence Bail: Denied Bail and Bail Schedules
6 Jun, 2016//Posted by : aebbvelocityloca//Category : blog
We can often hear that someone was released on a bail of $5000 or any other sum. But have you ever thought how the bail is set? Is there an obligatory range? Are there mitigating or aggravating circumstances which may affect the final tally? In San Diego County, whether we are talking Spring Valley, Escondido, San Diego itself or Carlsbad, bail bonds are available to most people accused of a crime. You could post bail yourself, but that is terribly stressful, not to mention incredibly expensive. Your alternative is to use a bail bondsman agency. Affordably Easy Bail Bonds can help you through the whole process, as we are very experienced in this field. We can provide bonds of any amount. But, first, let’s see how bails are set.
Who sets the bail?
The bail is set by the judge who is in charge of the case. Even though the judge has certain freedom in setting bail, they do have standard practices they need to follow, so it is not possible for the judge to have too much room for manipulation. It’s a form of regulation.
What influences the bail amount?
Primarily, it is the severity of the crime. Non-violent petty crimes tend to go for around $500, whereas some crimes may prohibit the bail altogether. The judge can even decide to waive the bail, on account of the defendant’s own recognizance, or O.R. This practice, however, is highly dependent on the circumstances of the case and the judge and the defendants themselves.
Huge factors in setting bail are things like employment. If the defendant is employed, he will likely be granted reasonable bail, so as not to miss work which might induce job loss. Similarly, if the defendant has a family that might need them, the judge is more likely to set a lower bail. On the other side of the spectrum are the aggravating circumstances, such as previous criminal record. Having one might negatively affect the amount that the judge will set. And in extreme cases, they can be denied bail.
Who gets denied bail?
One case where bail denial is practically mandatory is if another jurisdiction has a standing warrant for the defendant. They will be denied bail at least for the time it is needed to establish whether the said jurisdiction intends to pursue the warrant. Another case of likely bail denial is if the defendant is likely to flee before the trial. Third reason why someone might be denied bail is if they are expected to interfere with the legal process, tamper with the evidence or intimidate witnesses.
Many parts of the country have something called bail schedules. This is a fixed list of crimes and corresponding bails which can be paid straight away in jail, without the need to go before the judge. The amount which needs to be paid is fixed and cannot be paid in anything but cash. It is also likely higher than the one which a judge would set. Defendants who are in a hurry to be released go in for this method of bailing out of prison. It is important to note here that these fixed bails depend heavily on the locale, type of crime, etc.
Another alternative to waiting to go before a judge in person is the institution of duty judge. A duty judge is able to set bail over the phone, without the hassle of a formal hearing.
What do I do if I need help with bail?
Whichever method of posting bail you might choose, it is likely you will be using a bail bondsman instead of posting bail for yourself. If that is the case with you, contact Affordably Easy Bail Bonds, for bail bonds in Carlsbad, or anywhere else in the San Diego County. Our experience and devotion to the job will ensure that this difficult time in your life passes as painlessly and smoothly as possible.