Before a person can be released from jail, it must first be determined is they are eligible for bail, and if so, a bail amount must be set. Bail is an amount of money that someone can pay to be released from jail before the date he or she is required to appear in court. The goal is to ensure that defendants are present at their trials while they are released from custody, since defendants who attend their trials will be refunded the bail amount paid.

With this goal in mind, judges set the bail amount at their sole discretion. But what factors do judges take into consideration when setting bail? Here, we explain 4 of the factors a judge may take into consideration when setting  bail.

  1. Severity of the alleged offense
  2. The defendant’s history
  3. The flight risk of the defendant
  4. Bail amounts in Georgia

Is Bail Amount Determined according to the Offense? 

One of the factors a judge typically uses when determining the bail amount is the severity of the alleged offense. Often, if the alleged crime was particularly violent or severe, the judge will set a correspondingly high bail amount. As a general rule, the more severe the alleged crime, the higher bail amount will be set. 

Defendant’s History 

Judges will also consider the defendant’s past actions to determine how high the bail amount should be. Bail will inevitably be set higher for defendants with criminal records than those who have never been convicted of a crime. Bail might be especially high if the defendant was previously convicted of violent or severe crimes. 

Further, if the judge believes, based on the defendant’s past conduct, it is likely the defendant would commit additional crimes upon being released, bail will be set higher to prevent release. Other factors the judge may consider would be if the defendant presents danger to others or to himself/herself, if the defendant previously failed to appear at a required court hearing, or if the defendant was non-compliant or violent during arrest. 

Likelihood of Fleeing Before Trial 

Since bail is intended to serve as assurance that a defendant will appear at his or her required court trial, judges will assess the probability that the defendant would skip that hearing to determine how high bail should be set. If a defendant has missed a required trial appearance before, bail will likely be set high. 

Oppositely, if a defendant has close ties to the community, like family, property, or employment, he or she may be more likely to remain in the area while waiting for a required court appearance, so a judge may not set bail as high. 

Bail Amounts in Georgia 

In Georgia, hearings to set bail are typically held no later than 48 to 72 hours after arrest. And, in addition to the factors listed above, many judges decide bail amounts using a bail schedule, which might also be referred to as a bail bond amount calculator. This bail schedule lists the most common crimes committed in an area and sets the bail amount according to the crime in Georgia. Bail schedules could also include a higher predetermined bail amount for those with prior convictions. These amounts vary by county. 

Bail Bond Companies

Our experienced, courteous bail bonds agents at 24/7 Bail Bonds are always available to help you and your loved ones secure immediate release from jail or detention centers. We are available 24 hours a day, 7 days a week, including holidays. If you need a bail bond in Bulloch, Bryan, Candler, Effingham, Evans, Jenkins, Montgomery, Toombs, Tattnall, or Wheeler County, call us now. You can also learn more about the bail process at our Bail FAQ page.