How Do Bail Hearings Work?

How Do Bail Hearings Work?

Bail is the temporary release of a person accused of a crime in exchange for a monetary sum. The sum, or bail, is up to the judge’s discretion. Also, bail can only be issued for certain crimes.

The concept of bail was first codified into law in the late 17th century. English Parliament drafted Habeas Corpus, and thus established the idea of bail. In the United States, bail laws were based on English law and remained relatively unchanged from the founding of the country until 1966. That year, Congress passed the Bail Reform Act. The Act established the release of defendants with as small of a financial burden as possible.

Before the Bail Reform Act, the bail system was punitive for the poor. Those who couldn’t afford bail would be forced to sit in jail until they were either convicted or their charges were dropped. Unfortunately, they would lose their jobs and would be unable to see their families or care for them while awaiting trial.

Today, bail is set at what’s called a ‘bail hearing.’ If you’re awaiting trial, it’s important to know how a bail hearings works and what you can expect during the procedure. Knowing what to expect ahead of time can make the process less stressful.

What is the purpose of a bail hearing?

The point of the bail hearing is for the judge to determine if a defendant can be released from jail while they await trial for the crime they’re accused of committing. The judge will look at several different factors to make a reasonable determination regarding the defendant’s likelihood of appearing for their trial. Defendants are free to present evidence supporting their right to bail at the bail hearing. The only people present at a bail hearing are the defendant, their defense attorney, and the judge. There is no jury present at a bail hearing.

How does a judge determine if bail can be set for a defendant?

The judge is going to look at different factors that will hopefully point to the defendant’s ability and willingness to appear for their trial. These factors will also help the judge determine an amount for bail.

• Indicators of the defendant’s character, and their history with the criminal justice system.

• The defendant’s financial resources and employment

• The crime they’re accused of committing

• What, if any, past criminal history they have

• If they have family ties to the community and live in the community

What can a defendant and their attorney do to increase the chances of getting bail?

The defense must provide evidence on the above factors. The defendant and their attorney want to present evidence that demonstrates that the defendant is not a flight risk. It’s possible to get denied bail at an initial bail hearing, but a defendant can request a new trial wherein they must present new evidence and facts that can help the judge make a different decision.

Why would someone be denied bail?

• A prior escape from prison
• They’ve failed to appear to court hearings in the past
• They’ve had numerous run-ins with the law
• They have access to significant resources outside the community
• If the defendant otherwise seems to be a flight risk

What happens after the bail hearing?

Depending on the evidence, the judge may approve the defendant’s bail request. But there are always certain conditions applied to the bail approval. Some examples of bail conditions include, but are not limited to, the following:

• Drug and alcohol testing
• Employment requirements
• Travel limitations
• Psychiatric treatment
• Check-ins with an officer or other court personnel

In some cases, the judge may deny a defendant’s request for bail. The defendant can appeal the decision, in which case the subsequent bail trial will be conducted in a higher court.

Bail hearings are usually quick and straightforward processes. The outcome of the hearing will depend on the skill of the defense attorney, the defendant’s history with the criminal justice system, and how well the defense presents their evidence to the judge. If you’re awaiting trial for a criminal conviction, it’s crucial that you find a defense attorney who is experienced with bail hearings. Getting bail will help you avoid employment interruptions and other financial hardship.