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What factors are considered during a bail hearing?

When you are arrested on a criminal charge, you will usually have a bail hearing. The bail hearing is a very important part of your criminal proceeding because this is a hearing that determines if you can bond out of jail while your case moves through the court system. Understanding what is at stake in the bail hearing is vital for anyone who is facing criminal charges.

What is bail?

Bail is a financial guarantee that you will attend the court hearings in your case. When a judge sets a bail amount, you must post that amount of money to get out of jail. A person can pay the full bail amount, but some people might be eligible for paying a bail bondsman a portion of the bail amount in order to be released from custody.

What factors are considered at the bail hearing?

One of the primary factors of a bail hearing is the severity of the crime and the danger the person might pose to society if released from police custody. The likelihood that the person will remain in the area, family ties, whether or not they have a job, their criminal history and mental condition are all factors that judges consider when determining whether to grant bail.

Bail isn't something that is guaranteed in all cases. It is possible that a person might be denied bail or that they will be released on their own recognizance. Because of the serious nature of the bail hearing, you should be fully prepared for the bail hearing when it comes up.

Source: FindLaw, "Bail Hearing Procedures," accessed Nov. 13, 2015

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