Posted on: 7 March 2016
If a criminal is standing before the magistrate, often they'll determine whether or not a bond or bail amount will be granted. The judge typically sets the amount of the bond, and then the defendant is allowed to post this amount to a bail bondsman in order to be released from jail until the court hearing. But not all people are granted bond. It often depends on the severity of the crime as well as if the defendant is considered to be a flight risk. Here are a few common scenarios where judges may grant bond for the accused.
Nonviolent Crimes Or Misdemeanors
Most judges will grant bond to those who have committed a nonviolent act such as petit larceny or shoplifting. Because the accused does not pose an imminent threat to others' safety, bond is typically granted in these situations. In cases where someone has committed a felony, however, the judge will either be less prone to granting bond or will set the bond at a very high rate. When it comes to violent offenders, most judges will deny the possibility of bond altogether in situations like homicide, assault, or maiming.
First Time Offenders
If the accused does not have a prior record and shows that no previous crimes have been committed, the judge will take this into consideration when granting bail. People with a long rap sheet, however, will most likely be held without bail. Those who are first time offenders are often given more leeway than those who have been arrested before.
The judge will grant bond in good faith that the person will not commit another crime before or after their trial date. Even people with a prior record may be eligible for bond, but it all depends on the previous crime and whether or not they've served out their parole or probation before getting arrested again.
When a defendant goes before a judge for their bond hearing, their personal situation may come into play. For example, if the accused is a single parent with small children, they'll be more favored to be released with bond. Defendants with medical problems including terminal illness or chronic conditions that require specific and frequent treatment may also be considered for bond.
It's important that the defendant plead their case before the judge at the bond hearing so they can hear about their personal situation before the trial. While undergoing hardships or other problems is not a guarantee that bond will be granted, it can certainly play a role. If you've been arrested and need to find out if you're eligible for bond, contact a criminal attorney who can assist you with your case and help you get released from jail. If you think you'll need help paying the bail amount, contact companies like Absolute Bail Bonds.Share