How is Bail Set? And Other Things You Should Know

When you are arrested and given an option to post bail so you can leave jail, a big factor in whether or not that is an option for you is what the bail amount is set at. Oftentimes the bail amount is hundreds or even thousands of dollars, making it financially challenging, whether it’s being able to find the funds right away or if the funds aren’t available at all. And when you just can’t get the funds to post bail, then you’re left in an incredibly challenging situation.

Being unable to post bail would mean that you either have to remain in jail, borrow from someone else, cosign the bail bond, or put some property up as collateral, such as your car. Ultimately, none of these options are ideal; however, at ASAP Bail Bonds, our team wants to provide you with some relief to what is an already stressful and emotional experience.

If you or a loved one has been arrested and needs to post bail, you may be wondering how the amount is set. Here’s what you need to know.

How a Bail Amount is Set

Severity of the Crime

The judge will most likely consider the severity of the crime first when determining what to set bail at. For example, minor crimes, such as a DUI that did not involve an accident, the bail may be fairly low, around $500. However, for misdemeanors, such as possession of a controlled substance, the bail may be around $2,500. For felonies, bail amounts can range from $25,000 to $1,000,000. These amounts can have significant consequences.

Type of Crime

The type of crime will also be taken into consideration. If the defendant was arrested for sexual abuse, the bail may be set lower than if the victim was a minor, in which case the bail would be significant. Circumstances like this can also play a part in the bail amount.

If a Firearm Was Used

Another example of a circumstance that may result in a higher bail amount is if there was a firearm used during the crime. Robbery without a weapon may result in one bail amount, while robbery with a firearm may result in a higher bail amount.

Criminal History

For defendants without a previous criminal record, the judge may be lenient in setting a lower bail. However, if this is the defendant’s second or third offense, and also depending on the severity of those crimes, the bail will be higher, or the judge may even decide to not set bail at all.

The Risk of the Defendant Not Showing Up to Court

If the judge considers all of the facts of the case and determines that the defendant isn’t a flight risk, bail may be set at a lower amount. However, if the judge sees any signs that the defendant may not show up at their court hearing, then they will set bail.

The County’s Jurisdiction

Each county throughout the country has its own jurisdiction, which will help determine what bail should be set at. A crime committed in Henry County may not have the same bail as the same crime committed in Gwinnett County.

Bail Algorithms

Recently, courts have begun using algorithms to help determine what bail should be set at. Certain pieces of information will then be entered about the crime (age, criminal history, etc.), and a score or recommendation will be supplied. The judge can then review this recommendation and use this to base their decision off of.

What is a Bail Schedule?

Certain parts of the country have adopted bail schedules, which allows the bail to be paid directly to the police, rather than having to wait for a bail hearing. The bail schedule is a specified bail amount depending on the crime. These amounts are set and cannot be negotiated. If the defendant wants a lower bail amount, they must wait for a hearing with a judge. Another option that may be able to speed up the process is when the county has a duty judge. A duty judge can set bail over the phone, which allows the defendant to pay the bail amount as soon as possible.

If you are unable to pay the bail amount, get in touch with ASAP Bail Bonds right away. We can provide the court with a bond on your behalf so that you can be released from jail until your hearing. Our bail bonds company offers some of the lowest fees in Gwinnett County, ensuring that there is as little burden as possible on your part.

Will I Get the Money Back?

After the legal process or trial is over, the bail amount is discharged, meaning that you don’t have to pay the bail amount anymore. However, there is a bail premium which is due to the bail bond company as well as any other fees or court costs that the bail bond paid on your behalf. This is typically between 10%-15%, which for a $10,000 bail would be between $1,000 and $1,500. Having to pay this premium can be intimidating, but it’s much more manageable than having to pay the full bail amount on your own.

Contact ASAP Bail Bonds in Gwinnett County

Whatever your situation is, the bail bondsman at ASAP Bail Bonds provide professional and discreet service. From DUIs to forgery to robbery, whatever your bail amount is, we’re here to help and to ensure that you are able to continue living your life throughout this process. Get in touch with our Gwinnett County bail bond company today.