Releasing a person after an arrest based on a written note declaring that the person would appear in court happens in some cases. Still, the most popular method is to release a person on paying the bail amount as per bail schedules for common crimes or the amount set by the court. Bail denial may also happen if the police feel that there is considerable risk in releasing the suspect. Once the bail amount is known, the defendant or the arrested person must pay the amount in cash, which can often be a problem for most people because even a low bail amount might be too much for the suspect. Castle Columbus Bail Bonds helps to avoid the hassles of arranging cash; the company provides the bond by asking for only 10% of the bail amount.
A judge fixes the bail amount after holding a court hearing by considering several factors like a flight risk, community connections, income, and assets, etc. which can lead to refusal of bail.
Some defendants who are facing long-term confinement or sentences that can lead to death have higher flight risks than others. They have higher chances of fleeing as compared to those facing less serious charges.
If the court finds that the defendant is a responsible family man who looks after the well-being of family members and other dependents, it will likely consider that the person carries lesser risk and impose a lower bail amount.
A person who has deep roots in society and has strong community connections has good chances of securing bail on the ground that the person would have more reasons to stay around instead of fleeing. If the person’s entire family resides in the area or he or she has a local business, the likelihood of the person appearing at the court is always higher.
Income and assets
Judges look at the income and assets of defendants to fix the bail amount that acts as a deterrent. A rich and wealthy person would not mind if served with a moderate bail amount that he or she can easily ignore, but on the other hand, the same amount might be a good deterrent for a person with low income. The idea is to set the bail amount that remains higher than the resources accessible to the defendant.
A person with no previous criminal history can expect a much lower bail amount than those with some criminal history. A person with criminal history and instances of failing to appear at the court belongs to the high-risk group and attracts a higher bail amount to cover the risk, which might even be so high that it becomes difficult to avail the bail.
Nature of crime
How serious is the crime is an essential factor in determining the bail amount. Serious crimes involve a higher bail amount than a crime that is not that serious. For example, petty theft may attract a bail amount of $1,000, whereas a murder accused may have to pay thousands of dollars to secure bail.
Bail refusal can happen if the suspect poses public safety.