After an arrest, you may be released on bail. The judge or magistrate sets the bail amount. You will have the opportunity to post bail by paying the amount. If you do not have the money, you can borrow the money from your family or friends. The bail
can be made in the form of cash, property, or a bond. The court will keep the bail if it suspects that you may fail to appear in court when ordered.
The 4 Important Factors of Setting Bail
The bail-setting decision is one of the early court decisions made in your criminal case. The main goal of the bail decision is to make sure that you appear at court for the next hearing.
The judge will consider different factors when determining what amount of bail to set for your release. Four of the most important factors the court considers when setting bail are discussed below:
- The court will set an amount sufficiently high to give reasonable assurance that you will attend all court scheduled appearances and comply with all of the conditions of the set bail.
- The court will review the nature of the offense you allegedly committed and the circumstances under which you committed the alleged crimes.
- The court will consider your ability to make bail, provided that you or your Central Valley criminal defense attorney provides sufficient proof of the funds.
- The court will consider the future safety of the victim of the alleged offense and the community as a whole.
However, perhaps the most important factors the judge will consider when setting bail is your criminal history, employment history, financial assets and ties to the community.
Your Criminal Defense Attorney’s Role
The bail decision can have significant negative ramifications on you and your family if you are denied bail or cannot raise the bail amount. Furthermore, bail decision can also influence later decisions on your case, such as the decision to plea, convict, and sentence. This is why it is important for you to hire an aggressive and experienced criminal defense lawyer from the beginning.
In advocating your release on bail, your Central Valley criminal defense lawyer will try to convince the judge that:
- The chances of a conviction are not high
- Your reliability and ties in the community make you an unlikely candidate to flee while on bail
- The alleged offense is not a serious crime
Call an Experienced Los Angeles Criminal Defense Attorney
For more information or to schedule a complimentary consultation with criminal defense attorney Gurjit Srai, please call us at (209) 323-5558 or (559) 314-2796, or complete our online form.