The Right to Bail in Jacksonville
Everyone has the right to post bail. The 8th Amendment of the United States Constitution states that every defendant has the right to request bail that is reasonable for the severity of his or her crime. The purpose of posting bail is to allow the defendant to return to the daily life until their trial date. This gives them the opportunity to continue working, care for their family and hire an attorney to help build their case. It is important to remember that a person can be denied bail if their crime is considered to be extremely heinous or if the judge fears they may harm themselves or others. An increased risk of flight may also convince a judge to withhold bail. It is up to the judge whether a cash bond is required or bail bond can be obtained through a bail bonds agency.
What Factors Determine Bail Bond Rates?
Many factors determine the amount of bail a judge sets for each specific case. Most of the factors are stipulated by law to be used in determining bail. A few of them are based on the judge's discretion:
- A person's physical, mental and emotional condition may play a role in the setting of a defendant's bail. For example, if the person has a terminal illness and is required to have specific treatments, they may be allowed bail if the judge believes their condition is life threatening.
- The severity and elements of the crime are commonly used to set bail, and in some cases will determine if bail is to be withheld.
- The amount of evidence collected that can be verified and supported will be considered when setting bail.
- The financial capacity of the defendant to be able to fund a bail bond application will be taken into consideration.
- The defendant's previous criminal record, if any, and the severity of past crimes are important indicators of the defendant's behavior.
- The value of any drugs that may have been in the defendant's possession or that were involved in the commission of the crime, will be closely looked at.
- The defendant's connection to the area and family members who are close by will be used as a determination of flight risk.
- If the defendant exhibits any indication of intimidating a victim or harming himself or others, the judge may decide to withhold bail for the sake of public safety.
- If the defendant is out on a previous bail bond, the judge may decide to offer a higher bond or withhold bond altogether due to previous bad behavior.
Every case is different when it comes to the rate of bail that is imposed. The key elements are taken into consideration by the judge and used to determine a bail amount that is reasonable for the crime committed.
Pre-Determined Bail Bond Schedule Rates
Most states have a pre-determined bail bond schedule that is used by local jails to allow defendant's to post bail and obtain release without having to appear in front of a job. Bail rates can be relatively small. Bail amounts are consistently increased as the severity and frequency of the crimes increase. If a person commits the same crime, repeatedly, the rate of bail will steadily increase until the schedule determines that the defendant must appear before a judge to have bail set. In certain cases where the crime is non-violent and there is no property damage or physical injury, there may be a possibility of Release on the defendant's Own Recognizance. This is also known as a signature bond.
Residents of the Jacksonville, Florida area can call Ryan Wells Bail Bonds at 904-853-6450 any time, day or night, to find out how a specific bail bond rate is figured. An agent is always on hand to answer your questions and make sure you have the resources you need to make an informed decision when it comes to posting a bond for a friend or loved one who has found themselves on the wrong side of the law.