Bail Blog
06/27/2025
One person gets a $1,000 bail. Another, for a seemingly similar charge, gets $25,000. What gives?
Judges don’t just roll dice to set bail—they follow specific guidelines, but they also have wide discretion. Understanding how they make decisions can help you prepare, advocate, and potentially reduce the amount needed to bring someone home.
The judge’s primary goal is to balance the rights of the accused with public safety and courtroom efficiency. Their considerations typically include:
A violent felony will result in higher bail than a non-violent misdemeanor.
Is the defendant likely to flee? Judges weigh:
First-time offenders often receive more lenient bail. Repeat offenders or those with past failures to appear may see higher amounts or outright denial.
If the defendant poses a threat (especially in domestic violence or weapons cases), judges may deny bail altogether or impose strict conditions.
Some counties use “bail schedules”—preset amounts based on charges. But judges can override them depending on the individual situation.
For example:
Factors like substance abuse, child endangerment, or gang affiliation may push those numbers higher.
Yes. A defense attorney can request a bail reduction hearing, usually within 48–72 hours of the initial arraignment.
To strengthen the case for reduced bail:
Some judges may consider lowering bail or changing it to a Release on Recognizance (ROR), especially for non-violent cases.
While your attorney handles the legal side, you can help by:
If you’re working with a bondsman, having one ready shows the court you’re serious about taking responsibility.
Judges might offer options like:
Each is based on showing you’re trustworthy, stable, and unlikely to skip court.
The more you understand about how judges set bail, the better you can prepare. Being proactive, organized, and supportive can often make the difference between a long stay behind bars and a swift return home.