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Factors considered for bail

On Behalf of | May 25, 2022 | Criminal Appeals, Criminal Defense |

If you ever face criminal charges, you may be wondering whether you will have to stay in jail pending trial or if there is a chance the judge will allow for your release in the meantime. There are various factors the judge looks at when determining a defendant’s release.

Along with other considerations, one of the factors the judge considers is the suspect’s ability to afford bail.

Bail considerations

According to the Revisor of Missouri, there are various factors the judge will consider when deciding on the pre-trial release:

  • Nature of the offense
  • Defendant’s conviction record
  • Weight of evidence
  • Suspect’s ties to the community
  • Defendant’s financial resources, family ties, mental condition and character
  • Flight risk

Generally, a judge will only deny bail if the defendant demonstrates a danger to the community, victim or witnesses. If there is a denial, the trial begins within 120 days of the arraignment to minimize the time spent in jail.

Potential conditions for release

According to the Missouri Times, the ability to pay bail is no longer a factor in whether there is a release of a defendant who faces a charge for a nonviolent crime. Although a judge may require a bond for those who can afford it, there are other non-financial conditions that a judge may require to ensure the defendants shows up for the trial.

Although the judge may release some on their own personal recognizance if there is a low flight risk, many will need to meet the conditions of release. These may include house arrest with electronic monitoring, supervision by a designated person or organization, regular reporting to an officer of the court or travel restrictions.

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