There are a variety of components that are necessary for a judge to consider when deciding to set bond. The circumstances surrounding the crime the accused is being arraigned for, their resources and previous history are all taken into account when this decision is being made. The major components that are considered are listed below.
Type of Crime
Initially, a judge is going to consider the type of crime that the person was arrested for. If someone was involved in a violent or dangerous crime like murder, rape, or armed robbery, a judge will most likely not set bond due to the severity of the charges. If someone was arrested on relatively minor and no violent charges, then there is a greater chance that a judge may set bond. There are other factors involved in this decision though.
Previous Criminal History
Next, a judge will consider the previous history of the person bond is being considered for. In cases where someone has a prior criminal history, has committed similar crimes or has a pattern of an escalating severity of crimes, a judge may deny bond. On the other hand, if someone has no prior criminal history or has not committed a serious crime in the past, then a judge may grant bond. This is not the only consideration that a judge weighs in this decision however.
Another consideration that goes into this decision is the safety of the public at large. If a judge feels that the accused would be a danger to the public and may commit more crimes or cause serious harm then they may deny bail on these grounds. In cases where the offenses were violent or dangerous this is most likely as opposed to cases where no one was harmed or the person is not seen as dangerous. There is one final factor in this decision however.
Potential Flight Risk
The final thing that a judge has to weigh into their decision is whether the accused is considered a flight risk. This means that this person has the means and resources to, or a history of attempting to flee from the law if released on bond. These individuals may have the ability to leave the state or country or evade capture if released. If someone does not have these means or is not considered a flight risk, a judge may decide to grant bond.
As shown above, there are many factors that go into a judge’s decision to grant bond in a criminal case. If you have any questions….