Many Factors Affect a Defendant’s Right to Bail

One of the most important rights possessed by U.S. citizens is the right to be freed from jail while awaiting trial. The Eighth Amendment to the U.S. Constitution prohibits “excessive bail.” This has been generally interpreted as meaning that bail should be proportionate to the charges.

Why Bail is Allowed

Bail serves two general purposes. It is not supposed to be intended as a separate punishment for the defendant.

  *    Being out of jail allows a defendant to have a meaningful part in preparing a defense

  *    Releasing people on bail reduces jail overcrowding and the costs of confinement

The Bail Schedule

Exactly what amount of bail is considered “excessive” depends on the judge. Bail Bonding Companies in Atlanta have seen different bail amounts demanded crimes that seem similar. Most jurisdictions in Georgia do have bail schedules, which specify the amount of bail or bond for common crimes. It is intended to save time for everyone involved. However, the judge has the last word.
The Sheriff’s Department is not allowed to take part in setting the amount or conditions of the bond.

Many Factors Influence Bail

Every case is unique. Many factors can cause a judge to require a higher amount of bail. Typically the prosecutor will argue for keeping the defendant in jail or posting a high bail while the defense attorney asks for zero bails or a low bail. The judge decides.

Higher bail could be demanded if the defendant:

  *    Has failed to appear in court on previous charges – not showing up for one case will have a definite effect on whether bail is allowed if you’re in trouble again

  *    Has no ties to the local community

  *    Is sufficiently wealthy so that losing the amount of bail would not be sufficient to prevent the defendant from “skipping”.

  *    Is considered dangerous and public safety would be at risk

  *    Has a questionable reputation and character

  *    Is considered likely to commit another crime

  *    Is being charged with a crime eligible for bail – the most serious crimes are not eligible for bail

Free at Last Bail Bonds is one of the leading nationwide Bail Bonding Companies in Atlanta. When you or a loved one need a jail bond, call and they will walk you through the process. Payment plan options are available. To learn more, click here to visit the website or call 404-577-BAIL (2245) before you complete the online application.

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