Bail doesn’t save you from a jail sentence. Most people think that it’s a way to escape the inevitable. The reality is that bail consists of freeing you from custody under the condition that you go to your trial and be a law-abiding citizen. Once the official sentence is decided, the bail you paid won’t help you if you end up having to serve time.
How is bail calculated?
Judges use a bail algorithm or risk assessment. They will take into account the following information:
- The severity of the offense
- Criminal history
- Employment status and substance abuse history (in some cases)
- Your relationship with the community
After evaluating these terms, they will have a numerical score that indicates the likelihood of you failing to show up in court and breaking the law again.
Is there another way to calculate bail?
The bail algorithm can be skipped since some jurisdictions have bail schedules or lists that indicate the amounts for common crimes. You won’t even have to wait for the usual bail hearing to be informed of what you have to pay.
Am I always entitled to bail?
It can be denied if you’re accused of a serious crime such as murder and are considered a threat to society. Sometimes, after performing a detailed analysis, the judge decides bail isn’t right for you because they think you’re one of those who will hop on a plane and flee.
The bail amount is too high. What options do I have?
The constitution prohibits outrageous amounts, but it doesn’t specify what is excessive or not. You can request a hearing to convince the judge to lower the bail and succeed if the right attorney helps you. Going to the hearing by yourself and speaking out, hoping that the truth will prevail, won’t mean anything to prosecutors since they’re more willing to negotiate with lawyers that have full knowledge of the judicial system.
If your loved one is stuck in custody, give us a call today. Zarabi Law will support you in pursuit of the best outcome possible.