Managing Business Responsibly

Before The Gavel Goes Down: Issues That Impact Bail Bonds

by Priscilla Terry

If you are charged with a crime, you may need to go before a judge who will set a bond. Some individuals, particularly those who have never gotten arrested before, do not understand how bond amounts get determined. There are a number of factors that a judge can consider when considering bond amounts. 

Some individuals may not get bonds, which is referred to as a bond denial. Others may get offered an own recognizance bond. This means that the person will not have to pay to get out of jail. Instead, they agree to show up on their court date and answer to their charges to avoid getting re-arrested. Some jurisdictions have preset bond amounts, so individuals charged with certain crimes can post bonds without having to see a judge. The following points will help you understand what judges take into consideration when they need to set or deny bonds for accused individuals.

Severity of Charges

Judges take into consideration the severity of the charges of individuals. Using the example of a DUI, some individuals may face higher bail bond amounts due to prior related arrests or convictions. Devastating situations such as vehicular homicide or injuries that occurred during the alleged DUI may also impact bond amounts. Individuals could get charged with a DUI and not have priors or significant charges related to their current DUI traffic stops. These individuals may receive lower bond amounts or get offers for own-recognizance bonds.

Flight Risk

Judges may also take into consideration whether defendants are at risk for leaving the area to avoid prosecution. If they determine that there is a need for concern, they may enforce a bond amount that is higher. Sometimes judges may consider whether the accused lives within the state of the arrest. They may also consider if individuals who are not legal citizens are at risk of fleeing the area to their home countries.


Some types of crimes, such as stalking or domestic violence, may pose safety issues. Judges can base their bond recommendations based upon whether defendants pose additional safety concerns if released on bond. Judges may also deny bond if it is possible that the defendants may hurt themselves or other individuals.

If a judge grants you or a loved one a bond, a bail bonds company is a good resource to use to understand the bail process in the area. Choosing to hire a bail bonds company is a wise idea because many individuals do not have the access or resources to pay a cash bond. The bail bond company will charge a nominal fee and/or a percentage of the bond amount.