Criminal Procedures

The Criminal Process

What factors do courts use to determine whether someone is entitled to bail and what amount?

States vary in the factors they consider in determining the availability and amount of bail. Some commonly considered factors include: the length of time the defendant has resided in the community, the defendant’s employment status in the community, the financial history and resources of the defendant, whether the defendant has ever skipped a court hearing before, the defendant’s reputation and character, the criminal history of the defendant, whether the defendant poses a risk to the community, and the seriousness of the underlying offense.


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