What Factors does a Judge Take into Consideration when Setting Bail in Delhi, CA?

You’ve been arrested—what do you do now? The first thing most people will do is call a lawyer but depending on the crime you may need to get in touch with a bail bondsman too. If the crime is a minor offense, officers at the jail can issue a standard bail amount and release you with little or no time spent in a jail cell. Minor offenses are sometimes listed on a bail schedule that will be referred to. If the offense is a serious one, you will have to appear before a judge and you will be placed in a holding cell until a judge is available.

What Factors are Usually Used to Set the Amount of Bail?

Seriousness of the crime. A serious crime or a felony will have a higher bail amount attached to it than a petty crime or a misdemeanor. The amount of bail is to give a guarantee that the person arrested will appear at future court hearings. Failing to appear means losing the money that was posted as bail. The higher the amount paid for bail, the higher the chance is that they will return for their court date.
Previous criminal history. If the person that is arrested has been arrested many times before, they may be considered a threat to society. If the judge sees that there is a pattern with the individual of getting arrested the he or she may reoffend while waiting got their court date. The eighth amendment to the US Constitution ensures that a judge cannot impose an unreasonable bail amount to keep someone in prison. If the judge feels that the individual is guilty and there is strong evidence against them, the judge can set a higher bail.
Past failures to appear. If the person arrested have a history of not appearing for court dates then the judge may decide that he or she will not appear for their next on and can then set a higher bail or deny bail all together.
Outstanding warrants. The judge can easily deny bail until the court is able to pursue outstanding charges if the arrested person has outstanding warrants.
Flight risk. If the arrested person has strong family ties, then chances of them taking off are less. If their family is out of state of the country, then he or she may be a flight risk as there is no reason for them to stay.
Length of residence. When a person lives their whole life or a lot of it in one place they are considered to be a low flight risk-
Financial situation. If an arrestee as little to no money, they aren’t going to be able to go anywhere and are a low-flight risk. To ensure that funds haven’t been linked to criminal activity, the judge will determine where the funds came from.
Employment or enrollment in a college. The judge will also determine if the person arrested will be at risk of losing their job if they are in jail and unable to post bail. Lighter bail amounts will be given to students who may be in the middle of a semester, have a good academic history and have no criminal history.

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