After a person is arrested and charged with a crime, the judge typically sets a bail amount when the defendant makes their first court appearance. During the bail hearing or arraignment, the magistrate may refer to set practices regarding how much money is owed to secure release from jail until the next court date. They might also take additional information into account to determine the bail amount. Below are a few factors that influence their decision.    

3 Considerations When Judges Decide Bail

1. Severity of the Offense

The nature of the crime is weighed to determine whether the defendant will be a danger to the public if granted release from jail. In the case of a violent crime, such as murder or sexual assault, the judge will set a high bail amount. Misdemeanor crimes, including traffic violations, vandalism, and disorderly conduct, often come with lower bail agreements. 

2. Flight Risk

Judges consider the probability the defendant will appear for future court dates. If a defendant committed a crime while visiting the community, for example, there is the possibility they will return to their home city or country to avoid the next court appearance. To determine the likelihood of jumping bail, the defendant’s ties to the community, including whether they have steady employment and need to support family members, are taken into account. The person’s financial history is also a factor since they may have the funds to flee. Defendants deemed high flight risks often have steep bail amounts.

3. Criminal Record

A history of past bad behavior could make it harder for a defendant to get out of jail for their current crime. If the person has a prolific criminal record, there is a good chance they will continue the same behavior once released. To reduce the chance of this happening, a judge will set a high bail amount for a repeat offender.

 

If you have been arrested for a crime on the island of Oahu, the agents at Aliʻi Bail Bonds will help facilitate your speedy release from jail. They will also let you know how the Eighth Amendment, as well as potential Hawaii bail system reform policies—allowing for pre-trial release on personal recognizance—will affect your case. To learn how the discreet professionals will come to your aid during troubling times in Honolulu, Pearl City, Waianae, or surrounding communities, call (808) 232-9735. Visit the agency online for a complete list of bail bond services.