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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.

5 Reasons Why a Judge Might Deny Bail

A person charged with a criminal offence can often post bail or obtain a bail bond to get out of jail. However, some people are denied when they try to appeal for it. When this happens, the person remains in jail and must wait there until the next hearing, where they can try to appeal again. It is up to the judge whether they allow a person to post bail, but why might a judge deny it? This blog will go over five reasons why a judge would forbid someone from obtaining bail.

The Person is a Repeat Offender

Judges have little sympathy for repeat offenders who are on parole or probation for a prior offence; this is because they have violated the agreement and abused their freedom by committing yet another crime. Repeat violations tell the judge that the person has not learned their lesson and doesn’t understand what it means to be held accountable for their actions. It breaks trust because it makes the judge think that they will go back out into society to cause more harm and commit more offences.

The Person is a Flight Risk

A person will be denied bail if they are deemed a “flight risk.” This means that the person has a history of missing court dates, skipping bail, or running away to avoid prosecution. If it’s too risky, a judge will likely deny bail in order to keep them in jail and prevent them from fleeing and avoiding punishment. If a judge grants bail, they give their trust. If one cannot be trusted to stay in the area and show up to trial, they will not be granted bail.

The Person is a Non-US Citizen

Non-US citizens are not granted bail. If a person is thought to be in the U.S. illegally without the proper documentation, they will be denied bail and retained with ICE (Immigration and Customs Enforcement). If the crime was severe, the person may be deported back to their home country.

The Person is a Threat to the Public

A person will not be granted bail if they are deemed to be a threat to themselves or others. A judge’s goal is to protect the general populace, so repeat offenders, terrorists, mass shooters, and murderers are denied bail to keep them away from others and prevent further crimes from occurring. If a person shows signs of instability, violence, or aggression towards others, a judge will want to keep them in prison. Bail is never given to someone who could put the lives and safety of others in jeopardy.

The Crime Was Severe

Criminals have a higher chance of getting bail if the crime they committed was less serious. Crimes like manslaughter, rape, armed robbery, and murder are considered severe, and are likely to result in life in prison or the death penalty, unless that person is otherwise proven innocent. In these cases, the judge will usually post an enormously high bail amount if the defendant isn’t likely going to be released, or deny bail altogether if there is strong evidence against the defendant.

Conclusion

For some, bail is not an option and they are forced to complete their full prison sentence. For others, bail is a viable method to get out of jail sooner than later. If you are eligible for bail, call Troy’s Bail Bonds for a free consultation! We have affordable, 24-hour bail bonds whenever you need it. We’re here to help you or a loved one get out of jail quick!

9 Highest Bail Bonds in US History

Bail bonds depend on jurisdiction. For instance, seven states and Washington, D.C. do not have bail bonds agents.

Bail bonds depend on jurisdiction. For instance, seven states and Washington, D.C. do not have bail bonds agents.

Bail amounts depend on various factors. The severity of the crime(s) has the largest influence on cost with more serious crimes, like murder and drug possession, requiring more money than stalking or burglary. Other factors include age, criminal history, prior record of not appearing in court, and a flight risk. The more severe the charges and the more likely someone is to not show up, the higher the bail.

The following is a compilation of the 9 highest bail bonds in US history. Getting on this list was no easy task though. Former NASDAQ chairman Bernie Madoff and Canadian businessman Bernard Ebbers each had $10 million bails but did not make the list. So without further ado, let’s begin.

 

9) Suge Knight – $25 million

Who: Co-founder and former CEO of Death Row Records.

Crime: Voluntary manslaughter of Terry Carter in a fatal 2015 hit-and-run.

Outcome: Knight agreed to a plea agreement in which he would be sentenced to 28 years in state prison.

 

8) Michael Sorodsky – $33 million

Who: Bogus Brooklyn doctor specializing in holistic cancer treatments.

Crime: Raping a sedated patient and sexually molesting seven women during breast and gynecological exams.

Outcome: Sorodsky pled guilty to 20 charges and received six years in jail.

 

7) Tiffany Li – $66 million

Who: San Mateo County woman accused of murder.

Crime: Li was charged with murder and conspiring with two other defendants to kill her former boyfriend, Keith Green.

Outcome: TBD. Li’s trial has been delayed while she seeks treatment for stage three breast cancer.

 

6) Xue Lei (Shirley) Ji – $75 million

Who: Vice president of Goldenvale, Inc. and wife of Kening Ma.

Crime: One count of conspiracy, 33 counts of grand theft, six counts of money laundering, and 30 counts of possession of false certificates.

Outcome: Ji and her husband, Kening Ma, agreed to deals after importing motorcycles and ATVs with engines that failed to meet state emissions control laws and then selling them. Ji pled guilty to counts of grand theft and conspiracy to commit grand theft. She was sentenced to three years misdemeanor probation and to pay restitution to victims.

 

Bail must be reasonable. Thanks to the Eighth Amendment, Americans are protected from excessive bail amounts, as well as cruel and unusual punishments.

Bail must be reasonable. Thanks to the Eighth Amendment, Americans are protected from excessive bail amounts, as well as cruel and unusual punishments.

 

T4) Raj Rajaratnam – $100 million

Who: New York-based hedge fund manager

Crime: Insider trading

Outcome: Rajaratnam was found guilty on all 14 counts of conspiracy and securities fraud. He was sentenced to 11 years in prison and fined $150 million in civil and criminal penalties.

 

T4) Christopher Williams – $100 million

Who: Memphis-area carjacker

Crime: Williams was charged with second-degree murder, carjacking, aggravated robbery, and using a firearm to commit a felony.

Outcome: Williams was sentenced to life in prison. He currently has four other felony cases pending.

 

3) Kening Ma – $150 million

Who: President of Goldenvale, Inc. and husband of Shirley Ji.

Crime: One count of conspiracy, 33 counts of grand theft, six counts of money laundering, and 30 counts of possession of false certificates.

Outcome: Ma agreed to plead no contest to four counts of felony grand theft. He was ordered to three years felony probation to pay restitution to victims.

 

2) Michael Milken – $250 million

Who: American financier and philanthropist

Crime: 98 counts of racketeering and fraud.

Outcome: Milken pled guilty to six counts of securities and tax violations. He also agreed to pay $1.1 billion across three lawsuits and a lifetime ban from the securities industry. Milken would go on to serve 22 months in prison before being released in 1993.

 

1) Robert Durst – $3 billion

Who: American real estate heir

Crime: Accused of killing and dismembering his neighbor, Morris Black.

Outcome: A Texas appeals court lowered the bail to $450,000 and Durst was released the next day. He ultimately accepted a plea bargain and received five years in prison.

Bailable VS Non-Bailable Offenses

Arrest and bail are things only a small percentage of us will thankfully ever have to experience. Be that as it may, it’s never a bad idea to know what to expect and arm yourself with knowledge should you or a loved one ever require a bail professional in your corner. One such understanding is the fact that some offenses are considered “un-bailable”. This means, just as the term implies, that those who commit these crimes won’t be afforded the luxury of posting bail and getting out of custody.

Of course, the justice system and all of its rules, regulations, and loopholes, can be confusing to say the very least. That’s where our team would like to help! Read on for a bit of an unpacking of what constitutes both bailable and non-bailable offenses and don’t be caught off guard the next time you or a loved one face incarceration.

Bailable Offenses

When someone commits a bailable offense, they can be detained by a police officer and held in custody until they can be brought before a court. In these cases, courts will typically determine that the arrested party can either post a personal bond, in which bail is not posted, but a promise is made to attend all necessary court dates, or file for a bail bond. Police officers in this scenario are able to grant bail if they feel it is in their detainee’s best interests to do so. They can even impose certain conditions onto the bail as well such as the forfeiting of a passport or the requirement of regular reports to the station.

In many cases, they can also require that a person stand in as a surety for the arrested part. A surety refers to when another person close to the arrested party promises to pay the court should the defendant not appear for their court dates.

Non-Bailable Offenses

In contrast to bailable crimes, non-bailable offenses ask the courts to determine whether they grant or deny the posting of bail as opposed to defaulting to the officer’s judgment. Crimes that negate the ability to post bail typically involve anything that can be punishable by death or imprisonment for life. In fact, if the defendant at any time has been charged with an offence punishable by death or life imprisonment or has faced two or more previous non-bailable offences, they can also forfeit their right to post bail.

These cases all seem to be played by ear depending on the individual crime, the defendant, their record, and a number of other variables. However, there are also some crimes that immediately withdraw the option to post bail regardless of what a superior officer or court official has to say. These include terrorism, rape, murder, attempted rape, and attempted murder. Those who post bail and commit another crime will also not be afforded the ability to post a second time.

Conclusion

Arrests and detainment can be sticky situations for more than one reason. Needless to say, knowing what to expect if you or a loved one face these unfortunate circumstances can save you quite a bit of trouble when reaching out for bail or even an attorney!

Picking a Local Bail Bondsman

When you reach out for a service, it’s only natural to perform your due diligence and research in order to ensure you’re indeed working with a professional. This holds no less true when beginning the hunt for a bail bondsman. In fact, with so much more at stake, even more research is necessary to really guarantee you’ve found a bondsman you can rely on to preserve your freedom.

Of course, many don’t exactly have a deep well of knowledge and past experience to draw from when dealing with arrests and posting bail. So where is one to even begin when looking for a bail bondsman they can trust? What sort of qualities should one look for? Is the process really as simple as looking online for any other service like repairs or plumbing? Fortunately for those being berated by a relentless flood of questions such as these, we’re geared up and ready to go with a few tried and true steps you can follow sure to lead you down the path to finding a trustworthy bondsman.

Determine the Bail Amount

It should be no surprise that determining the bail amount is the first paramount step in narrowing down your search for the perfect bail bonds agent. Fortunately, you’ll learn your bail amount at the jail. As far as what you can expect, we actually mentioned in a previous post many of the factors that actually go into determining bail amounts! Knowing what to expect based on factors like the severity of your crime, your age, and past criminal history can give you more time to find a bondsman who can front the bill.

Know Your Bondsman’s Fee

Naturally, you wouldn’t go in on any service if you didn’t know how much you were expected to pay. The same goes for bail bonds. One of the first things you should consider before settling on a bail bondsman is the fee they plan on charging once everything is said and done. Laws that determine the fees an agent can charge vary from state to state so perform a few Google searches and be sure to call up and directly ask the bonds team you’ll consider working with.

Ask Around

Now that you know what you’re looking for and how much you’re expected to pay, referrals are going to be your front line defense against untrustworthy bondsmen. Fortunately, there are a wealth of people you can ask for their personal and professional recommendations. Starting with your friends and family, see if you can receive some advice from those who’ve experienced reaching out for bail bonds before.

Asking your lawyer and your detention officer is also a wonderful idea. These professionals have years and years of experience working closely with a number of local bail bond agents and have more of an understanding of which are worth their salt.

Conclusion

The last thing you want to do when it comes to your freedom and rights is jeopardize yourself by settling for the first agent you find online. Keep these tips in mind and work with a professional who can quell your concerns and secure your freedom.

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