While it’s important to hope that bail will always be an option, it’s important to remember that there are factors that could exclude a person from being able to have a bail set. Since bail isn’t always a guarantee, it’s important to stay positive if bail is set, that means that things are not nearly as bad as they could be. That being said, when a judge determines an amount for bail, there are multiple factors that can help determine the amount that is set.

The Nature and Circumstances of the Crime

Generally, the more severe the crime and the more violent and/or disturbing the nature of it, a judge might be more inclined to raise the bail amount. It’s a pretty safe bet to assume that the worse the crime, the higher the bail amount.

The Amount of Evidence Against a Person

If the evidence against an individual is overwhelming and it seems that a conviction is a sure thing, a judge might increase the bail amount to cut down on the chances of that person leaving town or missing their court date.

The Defendant’s Past Actions

If a defendant has had multiple convictions or if they’ve missed important court dates in the past, it’s very likely that a judge will not only increase the bail amount, it’s also possible that the defendant won’t be granted bail at all.

A Defendant’s Tie to Their Community

There are many reasons for a person to be considered a “flight risk” and thus, denied bail. One of them is if a person is unattached to their community. Many judges feel that if a person has close-knit relationships in their current community, they can be trusted to stick around. This community connection can help justify a lower bail amount.

Current Criminal Status

If a defendant is currently on probation for another crime at the time of their arrest, a judge might not look too favorably on setting a realistic bail amount. In fact, this could cause a person to be denied the chance for bail at all.