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If you’ve been charged with a crime, posting bail allows you to wait for the outcome of your case at home instead of the local jail. Depending on the circumstances, the court may only require a few hundred dollars to secure your release, while those accused of serious offenses may have to pay tens of thousands. Here’s a closer look at the factors a judge will consider when deciding on the bail amount.

How Courts Choose Bail Amounts

1. The Nature of the Offense

Generally, more serious charges will translate to higher bail amounts. For instance, a defendant facing misdemeanor drug charges will have a lower bail threshold than someone accused of assault or another violent crime. Local jails may even have preset amounts for certain common charges, allowing defendants to post bail immediately without waiting for a hearing.

2. The Defendant’s Criminal Record

A defendant’s criminal history may not be used against them in court, but it can be used to establish a pattern of behavior when setting bail. In most cases, someone facing their first offense will have lower bail thresholds than another person with several convictions on their records.

3. The Risk to Public Safety

The court’s primary responsibility is to protect the public and minimize the chances that a defendant will commit another crime after posting bail. If the alleged offense is especially violent or the accused has a history of aggressive behavior, courts will often charge a higher amount or deny bail altogether.

4. The Individual’s Ties to the Community

posting bailCourts generally assume that people with deep roots in the community are less likely to flee the jurisdiction. Having a stable job, immediate family in the area, and familial obligations will typically result in lower bail amounts than someone who recently moved to the area and doesn’t have a wide social network.

5. The Strength of the Prosecution’s Case

At the bail hearing, the prosecution may present an overview of their case to the judge, who may take the evidence against you into account when making their decision. If the prosecution’s case is strong enough to make a conviction seem likely, the judge may require more bail to discourage the defendant from fleeing.

 

If you or a loved one has been charged with a criminal offense anywhere in the Chattanooga, TN, area, the agents at Cumberland Bail Bonding will help you get back home where you belong. They work with 29 different jails throughout the state and offer around-the-clock service for when you need it most. Visit their website to learn more about posting bail or call (423) 622-3733 to speak with an agent today.

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