How the Court Determines Bail

The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from a criminal defendant.

In addition to this overarching public policy, when determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court will consider these criteria:

• The nature and circumstances of the offense charged;
• The weight of the evidence against the defendant;
• The defendant’s family ties, length of residence in the community, employment history, financial resources, and mental condition;
• The defendant’s past and present conduct, including any record of convictions; previous flight to avoid prosecution, or failure to appear at court proceedings;
• The nature and probability of danger that the defendant’s release poses to the community;
• The source of funds used to post bail or procure an appearance bond, particularly whether the proffered funds, real property, property, or any proposed collateral or bond premium may be linked to or derived from the crime alleged to have been committed or from any other criminal or illicit activities;
  • The burden of establishing the noninvolvement in or nonderivation from criminal or other illicit activity of such proffered funds falls upon the defendant or other person proffering them to obtain the defendant’s release.
• Whether the defendant is already on release pending resolution of another criminal proceeding or on probation, parole, or other release pending completion of a sentence;
• The street value of any drug or controlled substance connected to or involved in the criminal charge;
• The nature and probability of intimidation and danger to victim(s);
• Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release;
• Any other facts that the court considers relevant.