Bail allows a person charged with a criminal infraction to be released from jail and helps ensure they follow the requirements of the judicial process. When determining bail amounts, a judge can either use a preset standard for the type of felony or misdemeanor the suspect is accused of or set an entirely different amount based on specific factors in the case. Here are a few of the most important factors a judge might consider.

How Judges Determine Bail Amounts

1. The Severity of the Crime

In cases where charges are brought for particularly egregious crimes, bail can be set at a significantly higher amount than it would be for other infractions. This is most often the case in felonies like murder, sexual assault, and armed robbery. With misdemeanors, the jail often consults a standard bail schedule that doesn't require the suspect to go before a judge unless the infraction is unusually serious.

2. Prior Criminal Record

If a suspect has a significant record of committing felony crimes, higher bail amounts are common. Similarly, if a suspect has an outstanding warrant in another jurisdiction, bail is usually higher or may not be an option at all. In both of these scenarios, judges tend to look at the suspect as a potential flight risk, so they want to be as certain as possible that the suspect will abide the terms of bail and show up to all appointed court dates and responsibilities.

3. Risk to Public Safety

The nature of the crime is considered carefully when determining bail. A violation that puts the public at an increased risk is going to come with a greater bail amount. For instance, a suspect accused of a series of serious crimes can be viewed as more of a threat to public safety than a suspect accused of a single, lower-level felony. Also, the judge will consider the suspect's risk to themselves; if the suspect has a history of self-harm or the judge is concerned about the suspect's mental state, they have a duty to keep the suspect under supervision.

If you've been charged with a crime, consult a defense lawyer to guide you through the process of pursuing and posting bail. James F. Bogen, Attorney at Law, has been representing Hamilton County, OH, clients in felony and misdemeanor cases for more than 10 years. From federal offenses and white-collar crimes to appeals and expungements, attorney Bogen will fight for your rights. Call (513) 503-7251 or visit his website to schedule a consultation.