hundred dollar bills with a gavel laying on top.

How Is The Amount Of Bail Determined?

How Is The Amount Of Bail Determined?

The total cost of bail can vary greatly from person to person. A number of factors can influence the amount of bail that is set, and whether or not someone gets bail to begin with.

The Severity of the Crime

This is one of the biggest deciding factors in how someone’s bail is set.
The more severe the crime is, the higher the amount of bail will be. Typically, bail will be higher for people being held for committing violent offenses, felony offenses, or multiple offenses at one time.

If the crime is incredibly severe, bail may not be offered at all.
People are typically held without bail for:

  • Manslaughter
  • Murder
  • Rape
  • Armed robbery

For these offenses, the defendants are held until their trial is over.

Criminal History

If an individual is being held for a minor offense but they have a lengthy criminal history, they may be held with higher bail.
If the defendant has any outstanding warrants, the judge may deny them bail altogether.

Assessed Flight Risk

Bail serves as an incentive to ensure that people return to their mandatory hearings. However, it is technically possible to skip town while out on bail. If the judge believes that the defendant is capable of doing this, the judge can set a high amount of bail or deny bail.

One factor that can help assess an individual’s flight risk is their ties to the community. In general, people who are more involved in their communities are less likely to leave town.

Past Failure To Show

If the defendant’s track record shows they have missed court before, this will give the judge reason to set a higher bail.

Bail Schedules

Bail schedules provide guidelines for how much an individual’s bail should be based on their offense.
For example, if the maximum prison term for their offense is five years, then the individual’s bail should be $30,000.

The bail schedules also provide information about how bail should increase based on the circumstances of the crime. For example, in the LA Felony Bail Schedule, it states that if a weapon was used during the crime, add $50,000 to the total amount of bail.

We’re Here For You

At The Bail Boys, we can help ensure that the cost of bail doesn’t stand in the way of you bringing your loved one home. Give us a call today at (800) 798-7366 to get your loved one released from custody.