The procedure followed by judges for setting the bail amount


Judges refer to a bail schedule when determining the bail amount based on the seriousness of the case. Normally, the judge convenes a bail hearing, also known as arraignment, to determine the bail amount. Although availing bail is the accepted practice for seeking the quack release of a person from jail pending trial, it is the judge’s discretion to stick to the bail amount or reduce it or even waive bail altogether while allowing the release of the person based on  ‘own recognition’ by judging the circumstances of the case. Bail bonds agent or bail bondsman help to facilitate the process of securing bail for an accused person by either making full payment of the bail amount or issuing a bail bond in lieu of it. To arrange for Montgomery County Castle Bail Bonds, the accused must pay only 10% of the bail amount together with some collateral.  

Factors considered for determining the bail amount

The seriousness of the crime is the most important factor that the judge considers when setting the bail amount followed by some other considerations like the person’s background, employment history, family ties of the accused, and status in the community as well as the criminal record. In addition, the courts also use technology for determining bail amounts with the help of complex mathematical formulae known as algorithms.  It is a software that uses various data related to the accused to work out a score that serves as a recommendation. By collating all personal information like age, sex, criminal history, and all other personal information, the system does a risk assessment about the possibilities of the person jumping the law and or committing another crime or not appearing at the court.

Bail denial

Bail is a facility provided to the accused in the form of giving them the benefit of the doubt at least for some time till the trial takes place. It is never a right that the accused can claim, and there are chances that the judge might even deny bail based on the assessment of the case and the prevailing circumstances.  If the person faces multiple charges in several jurisdictions and the judge feels it necessary to hold the person in custody until all jurisdictions get ample opportunity to pursue the charges, then there is every possibility that the judge would deny bail. Again, if the person appears to pose a danger to the law and society, the judge would turn a deaf ear to all appeals and arguments and refuse bail. The type of crime, its seriousness, and the background of the person are the most critical factor that influences the decision for bail.

What is the bail schedule?

Bail schedules serve as the benchmark for deciding bail amounts by referring to the lists of bails granted in the jurisdiction. This is a faster process of fixing bail amounts without hearing. The bail schedule comes in handy for determining bail amount for common crimes, and it allows immediate posting of bail by defendants to ensure prompt release from jail without going for a bail hearing.

Bail amounts vary according to the nature of crime with misdemeanors attracting a low amount than serious crimes like felonies.