3 Factors That Affect Bail



Those accused of crimes may be offered the opportunity to spend the time awaiting trial with family and friends rather than sitting in a jail cell in exchange for bail. Bail is a monetary amount set by the court that offenders pay in return for release; it is an incentive for them to appear at legal proceedings since they receive the money-back if they do.
Those who cannot afford it may enlist the services of a bail bonds Pennsylvania agency. While the Constitution’s Eighth Amendment forbids the requirement of "excessive bail," bail itself is not considered a right. There are multiple considerations used by a judge to decide how much it is and if it is set at all.

1. History

Those who have been accused of multiple criminal offenses generally have higher bail. Court appearance history also factors in. Judges often require a higher bail from individuals who have appeared in court several times than they require of a first-time offender.

2. Flight Risk

Judges consider the likelihood that someone will try to flee the country/state before a scheduled hearing. For example, people facing a possible death sentence or longer prison term are considered more likely to run. Those who are poorer or have fewer assets are less likely to forfeit their bail than those with higher income who can more readily afford to lose it.

3. Crime Severity

The severity of the accusation will also influence the judge. Felonies will result in higher security amounts than misdemeanors. The risk one poses to the public is also considered when determining the bail amount. Often when an individual has been accused of serial murder or carrying out a mass shooting, they will be denied any bail at all.

Other things, like community regard and family responsibilities, impact the judge’s decision. There is not a set standard of bail for all cases.

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