How Vista Bail Bonds Are Determined

When your friend or loved one is arrested, they are normally taken to a jail for booking and processing. Once there, they will wait until a judge can review their charges and then set their bail, if applicable. A judge must be able to determine whether the defendant will show up to his or her scheduled court dates, and if the judge thinks they will, the defendant will be eligible for a bail bond. Certain things must be considered by the judge when determining the eligibility. Those areas are detailed below.

The first factor the judge must consider is whether the crime allegedly committed is severe, and how severe it may be. If the defendant has been accused of a violent crime, the judge will most likely be hesitant in giving them bail. If they happen to grant bail, then it is quite possible it could be set at a very high amount. One reason a judge may set such a high bail amount, is to ensure the defendant will return to court and accept responsibility for their actions. However, if the judge determines the crime to be non-violent, the bail may be set substantially lower. The judge will make the decision based on whether or not the defendant could be a threat to society.

The next area of concern for the judge is the defendant’s past criminal history. If the defendant does not have a past criminal record, most likely the judge will set the bail amount at a lower and more manageable amount. However, if there is a lengthy past criminal record, especially with what might be considered violent, the judge will take this into consideration and either set a very high bail amount or possibly no bail at all.

Lastly, the judge will review and consider the defendant’s risk of flight, meaning whether the defendant will show up to court dates and meet their obligations. If the judge feels the defendant is not responsible in this area, he will not grant bail. If the judge feels there may be a flight risk, he can set the bail extremely high, or not allow them to be released on bail at all. Of course, if the judge feels there is no flight risk, he will grant a significantly lower bail setting. This is important because if the defendant is to flee, he or she will then be responsible for even more court costs and probably more charges.

In addition, some defendants may not pose a threat at all, or any sort of flight risk, or accused of committing a violent crime, in which case the judge may grant them release on their own recognizance. This means they will be released from custody upon their own acknowledgement of their obligation to return to court.




Updated: 01/06/2011