The severity of the crime and weather the judge is in a good mood (no joke)
The judge sets the amount to secure the interests of the person being held for charges, generally the judge sets the amount according to what he believes will be a significantly large enough amount that the suspect will return to court, the thinking is that if you have to put up a large enough amount of money you will come back or lose it all. The judge is given a set of guidelines to go by he can set them according to the assets of the suspect or for some crimes the local government sets amount. The are federal guidelines as well to prevent a judge from setting bail too high. There are crimes that you can’t bond out from such as capital crimes.
The judge determines how high the bail will be based on the crime, the persons past, and risk of flight. I think the cost of bail is 10% if you use a bondsman.
It depends on the crime, what the persons criminal record is, if he has any missed any court appearances in the past and if he is a flight risk. The Judge has a quideline that he goes by as a base, but he can set it at what he wants depending on all the above I just told you
Bail is an amount of money used by the court to ensure the defendant returns to court when required to do so. There are typically two factors the judge considers before setting bail.
1. Is the defendant a danger to the community?
2. What is the likelihood the defendant will flee?
The judge will consider both positive and negative factors before setting the bail amount. These may include:
1. Type of crime (victimless?, weapons involved?, other persons)
2. The defendants prior history (arrests, convictions, and reliablity in returning to court previously)
3. Ties to the community (married, children, home owner, employed)
4. Defendants appearance and demeanor (fleeing arrest, failure to appear, combative, slovely)
5. Victim’s statement.
It is the attorney’s responsiblity to file a “Motion to Modify Release Conditions” to attempt to lower the bond. You might consider the option of electronic monitoring or home arrest to give the judge some options other than monetary.
Also, try to negotiate collateral with a bail bondsman. Frequently they will be a little more considerate if they feel the defendant will go to court.