What are the factors considered by Judges in determining Bail?

bail bonds colorado

If you have been arrested, you may think that you just need to pay bail and then get out right away. But in reality, it’s not as easy as it sounds. Bail is the money in form of cash, bond, or property that a defendant needs to give to the court to temporarily get out of jail and ensure that he/she will appear on the designated court date. Ask bail bonds Colorado for additional information about bail.

In Colorado, almost all crimes, except maybe the most violent crimes, are bailable. Bail amounts are typically set by judges or magistrates and will depend on several factors. Since the court system has greatly improved through the years, some jurisdictions have already set up standard bail schedules or computer-driven algorithms that can decide on the bail amount. For example, a burglary is considered a Felony and the bail schedule can set the amount from $20,000 to $50,000 depending on the type and severity. This is already a huge amount of money, and most can’t afford them. If you have a loved one that has been arrested and can’t afford bail, contact bail bonds in Colorado like Lucky Lucero’s.

Though there are already bail schedules, it’s at the judges’ discretion to stay with the standard bail amount from the schedule or set the bail-in higher or lower amounts or they can even deny bail. Several factors determine this kind of decision that the judges make.

Past Criminal Offenses or Records

If you’re a first-time offender or have no prior criminal history, you may likely be granted a lower bail compared to if you have already a lengthy criminal record. It is important to note that all past records, even juvenile offenses and in whichever the jurisdiction is, will all be taken into consideration. 

Nature and Severity of Offense

There are different types of crimes ranging from simple or minor crimes to violent crimes. And each crime is also entitled to a different bail amount. For instance, rape or sexual assault offense is a serious felony and will most likely be up for a higher amount of bail or the judge can opt to deny bail. Did the judge set a bail amount beyond what you can afford? Look into bail bonds Colorado.

Risk to the Public or Community

One of the most crucial factors that determine the amount of bail the court will honor a defendant is the threat of danger they pose to society, particularly to the victims and witnesses. For people who are accused of serious felony offenses such as murder or violence, the judge may set a higher amount of bail if they feel that the person will be a danger to the public’s safety. 

Also, the judge can also set particular conditions alongside the bail amount. For instance, in domestic violence cases, a mandatory protection order is released to forbid the defendant from harassing the alleged victims. 

Risk of Failure to Appear in Court

If the judge believes that the defendant is a flight risk, or has a history of being a flight risk, then a higher amount of bail will most likely be set. As the purpose of bail is to ensure that the defendant will return to court to participate in proceedings, the judge may also deny bail altogether if there is already a history of nonappearances. 

In most cases, bail may be set unusually high, and many people can’t afford to pay them. Good thing, bail bonds in Colorado like Lucky Lucero’s are experts and experienced bondsmen that can help you or a loved one get out of jail and will be there for you throughout the whole process until you or your loved one is safe in the comforts of home. Call now!

By | 2022-03-22T07:55:42-06:00 March 22nd, 2022|Bail Bonds, News|