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What the Judge Considers When Deciding Bail

When it comes to bail, there are a number of factors the judge takes into consideration when setting the bail. The reason the judge sets the bail is to ensure that you, the defendant, show up on your court dates. The money is released to you or your bail broker afterwards. If you are waiting for your bail to be posted, it’s best to have an idea beforehand on how the system works. So, what does a judge look at when deciding your bail? Read on and find out what to expect out of the court system.

Severity of the Charge

The kind of crime committed by the accused will help determine the bail amount. Depending on the intensity of the charge, the judge can increase the amount to a figure the accused can’t afford. In the case of a felony charge such as murder, the judge is likely to deny bail to the accused.

Criminal Record

When a bail is set for an individual, someone with a criminal record will have a higher bail than those with a clean record. Also, if the accused has other ongoing cases or even parole, bail may be denied all together.

Flight Risk

If the accused is someone who has skipped a court appearance before, then the judge is likely to deny bail. Not only that, but if the defendant is seen as someone who is likely to flee the country to avoid the court proceedings, it is more likely that bail will be denied. In addition, if the accused is not a US citizen, they will not be granted bail. Even further, the individual will be deported to their country indefinitely.

Witness and Public Relations Interference

If the judge were to believe there is enough evidence that the individual accused will interfere with a witness, bail will likely be denied. For instance, if the person accused were to receive witness information, then there could be a high chance of the accused contacting the witness, which can reduce the case’s strength. The reason behind this is if the accused were to try to persuade the plaintiff to settle, then the whole case could come tumbling down.

In the case that you were to receive a bail option, it is crucial to choose the right bail bond company. That’s where we come in; here at Troy’s Bail Bonds, we have years of experience and are here to help you get out of a bind.

How Posting Bail is Different in Federal Court

An often woefully unknown fact, bail bonds and bondsman couldn’t play a more different roll when it comes to federal court hearings. In federal courts, the only bonds that are used are either signature or property varieties backed by real estate. What’s more, there are also two different scenarios in which you could be brought in for a federal court hearing, each of which entail a different bail posting procedure.

Naturally, understanding what goes into carrying yourself during a federal court hearing is essential and can often determine whether you leave with your rights adequately protected. Read on for a brief rundown of the discrepancies found in federal cases and steel yourself for a successful bail posting and case hearing.

Posting a Bond

Posting a secured property bond is a complete process that involves a number of steps. Starting with a current appraisal of your property, the procedure also calls for updated lot reports from a title company as well as notarized documents from the country’s recorder’s office.

Unfortunately, the process can be a little too complicated when coupled with the other discrepancies you will be dealing with during a federal hearing. Seeking a reliable bonds professional to handle the multi-tiered steps in your stead is usually recommended for this reason.

Determining Bail Amounts

When it comes to settling the amount for your bail, one of the first influences will be how you were brought into court. If you were brought in to court on a summons, you and your criminal defense attorney will have likely worked out a pre-arranged amount with the U.S. Attorney’s office.

If, however, you were unfortunate enough to be arrested and brought into court, a bail amount will be determined at a detention hearing before a federal judge. During the hearing, the magistrate will come to a decision as to whether or not you are a flight risk or whether you determine a risk to the community and these will directly influence your bail amount. Of course, more than a few considerations go towards determining this issue of flight including:

● How long you’ve lived in the district
● Prior criminal history
● Whether or not you travel frequently
● Employment and education
● Whether you’ve ever failed to appear for other hearings


When it comes to cases of protecting your rights, arming yourself with the necessary knowledge is essential. Whether you’re heading to state or federal court, knowing what to expect will save you a mountain of legal loopholes and discrepancies.

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