For many people who’ve run afoul of Johnny Law the only thing standing between them and liberty is the amount judges decide to set on bail. This is often for misdemeanor charges wherein the defendant isn’t seen as an immediate threat to the rest of society. But, how do judges reach the amounts they put on a defendant’s freedom? Is there a formula in the law that puts a number on how badly people want a person hidden away?
Defendants who go to firms such as m-s-lawyers.com for such a formula quickly discover that there’s no actual plus or minus equation. Having a mathematical system determining how much cash defendants should fork over to walk out of the court without handcuffs is dangerous, because it ignores case-to-case consideration. There are several concerns judges take into account, however, when deciding how much trouble a defendant would be if left free to roam the streets once more.
First among all these considerations is public safety; there’s no way a person accused of murder or rape will get out on bail. This allows lawyers to break down the concerns into several different points to give clients a better idea of what goes through a judge’s mind.
The seriousness of the charge, as well as the defendant’s previous criminal history (if any) are significant factors in determining bail. A judge may set a larger bail amount for graffiti vandalism than public indecency if the former case is the tenth charge against the same defendant. This consideration is put in place to counter the illegal activities of people who come from money, and make it harder for them to dismiss the law.
The second set of considerations is the likelihood with which the defendant will show up on their court date. Bail isn’t a paid get out of jail card; there will still be a trial, the bail is just there to make sure people come back and actually have the case against them heard. Known bail jumpers and drug smugglers are more likely to get sky-high bail amounts regardless of whether or not they have a previous criminal record.Read More