Bail amounts are set to ensure that the suspect will return to court when ordered to appear. Bail can be in the form of cash, property, or a bond and will be kept by the court if the suspect fails to appear. Judges use many factors to determine bail.
Here are the main factors that a judge uses to determine bail amounts:
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Nature and circumstances of the offense
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Weight of the evidence against the defendant
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Defendant’s family ties, length of residence in the community, employment history, financial resources, and mental condition
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Defendant’s past and present conduct (previous convictions and failures to appear)
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Probability of public danger should the defendant be released
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Whether the defendant’s source of funds are linked to criminal activity
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Whether the defendant is already on release in another criminal proceeding, or on probation or parole Street value of any drugs involved in the criminal charge (the higher the street value, the higher the bail)
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Probability of the defendant intimidating and endangering victims; and existence of probable cause to believe that the defendant committed a new crime while on pretrial release.
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