How is Bail Amount Determined
Bail can be a heavy word when you are facing criminal charges, but bail can also mean freedom. If you’ve been charged with a crime, bail plays a crucial role in allowing you to avoid incarceration while awaiting the resolution of your case. But how is bail amount determined? Your bail amount often depends on the seriousness of the charges against you, your behavior leading up to trial, and your criminal and personal history.
Below, we will break down the bail process and what factors affect it. And if you are facing a bail issue in New Mexico, reach out to us today. The lawyers at the New Mexico Criminal Law Offices have 22 years of experience and a track record of success that can protect you in any criminal matter.
An Overview of Bail
Bail is a financial arrangement that allows someone accused of a crime to be released from jail while awaiting the resolution of their case. Paying bail is essentially collateral that backs your promise to appear in court when required. The court may require money or property as a guarantee that you will comply with the law and show up for all hearings. If you meet all conditions, the court returns your bail money.
How Is Bail Determined?
In New Mexico, the amount of bail and whether it is even required are questions determined by a judge. The judge considers several factors to set an appropriate bail amount. These decisions aim to balance public safety with a defendant’s right to freedom before being proven guilty.
The following are seven key factors that influence how a bail amount is determined. While reviewing the factors below, remember that New Mexico’s constitution prohibits judges from setting excessive bail, if they set bail at all.
1. Severity of Charges
More serious offenses like violent crimes or drug or alcohol-related crimes typically result in higher bail amounts. If you are facing a charge for a violent crime or a substance-related crime, the judge may also order detention without bail.
2. Criminal History
A defendant with prior convictions may face stricter bail conditions or higher bail costs. This may be especially true if you are already on supervised release or awaiting trial for another criminal offense or charge.
3. Risk of Flight
If the court believes you are likely to flee the jurisdiction to avoid trial, the judge may increase your bail or deny release altogether. The seriousness of the charges and criminal history may play into this determination as well.
4. Community Ties
A court may be less likely to order expensive bail if a defendant has strong connections to the community. Proof of a strong connection to the community may include:
- Having a lot of close family in the area,
- Having a long history of living in the area, or
- Having years of steady employment in the area.
The above-listed community ties may lead to lower bail amounts because they suggest that you are less likely to flee before trial.
5. Past Compliance
While having a history with the criminal justice system can add dollars to a bail amount, it can also reduce your bail obligation. A judge might deem you more reliable and order less restrictive conditions for pre-trial release if you have a history of doing the following in a criminal matter:
- Complying with all terms of parole or probation,
- Showing up for all hearings, or
- Complying with all terms of bail in a previous criminal case.
When you have concerns about how your criminal past might affect your current bail obligations, contact our firm. We can review your records and highlight all the positive factors that the court should focus on from your past.
6. Public Safety Concerns
If a defendant poses a threat to the community, the judge may impose higher bail conditions or order detention. Evidence of a defendant’s threat to the community may include:
- Criminal history involving violent offenses,
- Drug or alcohol use, or
- Correspondence from the defendant containing threats.
Suppose the court refuses to set bail or sets a bail amount so high that you cannot afford to pay. If so, the judge may have to prove by clear and convincing evidence that the amount is reasonably necessary to ensure others’ safety or your presence at hearings.
Input from the Prosecution or Defense
Attorneys for both sides can argue for or against certain bail amounts. A prosecutor can ask a judge to order pre-trial detention. We can fight for you every step of the way and help ensure that you have the most freedom leading up to trial.
Cost of Bail
The cost of bail can vary widely based on the facts presented to the judge. For many facing criminal accusations, the full amount can be several thousand dollars, and paying the full bail amount upfront may not be feasible. This is where professionals handling bail bonds in New Mexico come into play often.
A bail bond professional can pay bail on your behalf for a non-refundable fee. The fee is typically around 10% of the bail amount. You may also have to have someone else co-sign on the bail bond arrangement to help ensure the bail bond professional gets their money back if you don’t show up at your court dates or flee the jurisdiction.
Protect Yourself with a Bail Attorney from the New Mexico Criminal Law Offices
How is bail amount determined? It is determined by your past and current circumstances and how hard you fight in court. Immediately contacting an attorney helps safeguard your rights and gives you an advocate who can fight for favorable conditions and your release.
An attorney from the New Mexico Criminal Law Offices can make a huge difference in bail proceedings by ensuring fair conditions, advocating for lower bail, and asserting your rights. Our advocacy has brought success to so many of our clients, and we have the extensive experience and skill needed to fight for your freedom. Contact us by phone or online today. Getting you home and clearing your name are our top priorities.