16.6 C
Monday, May 27, 2024

No products in the basket.

HomeMoneyPersonal LawWhat are the factors the judge could consider for release on personal...

What are the factors the judge could consider for release on personal recognizance?

If you know about how bail works, you will know that in a lot of cases, some amount of money is involved. In some of these case, the amount required is so large that the accused has to rely on bail bonds services like bailbondsnational.com. However, there are other instances in which bail can be granted by the judge based on what is legally known as own-recognizance.

In this article, we will be attempting to look at some of the factors that a judge will consider before granting an individual bail on this ground. First let’s look at what own-recognizance means.

What is Own-Recognizance?

Granting bail on this ground simply means that the court has looked at the defendant and decided that there need not be any financial commitments to secure the bail because of the standing of the individual in question. This simply means that the individual’s reputation or social standing is considered sufficient to assure the court that they will come for their court case.

Factors that will be Considered

To be able to grant bail based on own-recognizance as explained in this article and above, the judge will look at and consider a number of factors. We will now try to expatiate on a few of these.

Magnitude of Offence

The very first thing that will be considered is the offence that the defendant is standing trial for. Minor offences with not so severe penalties are easier to earn such consideration. However, for more serious offences that attract very severe penalties, the court will require a lot more to convince it to even grant bail in the first instance, and on the term described.

Previous Criminal Record

Another thing that is considered is the individual’s previous criminal record. Folks with a clean criminal record are more likely to enjoy this privilege than those that have a history of criminal behavior. Aside from actual crimes for which an individual has been convicted, the court may also consider any run-ins with the law to include things like, previous trials that had no conviction, restriction orders, identity issues (aliases and multiple identities) etc.

Roots in the Community

A person’s roots in a community can also contribute to qualifying the individual for bail under this condition. If a person has immediate and extended family in a community, the individual will be regarded as less likely to be a flight risk than someone with no family ties in the region.

Again, owning business concerns in a community will surely make it more difficult for a person to just up and leave because of a trial. Well, this will of course depend on the penalty such an individual is facing. This is why the magnitude of the offence is first considered before any other factor.

Social Standing

A community leader or someone with social clout and popularity is also in a good position to be granted bail on self-recognition. It’s more difficult for a popular person to hide anywhere. Take for example a popular actor, actress, sports person or politician. These kinds of people have social clout which will make it difficult for them to disappear and hide successfully. For this reason, a court may consider bail without financial commitment.

Bail Algorithm

This is a relatively new addition to the factors that can influence the decision a court will make at a bail hearing. This process describes something like a formula that is used to consider various factors to be able to arrive at a statistical outcome or prediction based entirely on mathematical calculations. You can read all about it here: https://www.nolo.com/legal-encyclopedia/algorithms-set-bail.html.

The Court Decides

The final decision as to whether or not to grant bail under any set of conditions is totally the court’s to make. After looking at all the factors listed above and also after listening to arguments from both the defense and prosecution teams, the judge will then be saddled with the responsibility of making a decision that is best for the justice system based on the facts on ground.

In some states, this decision can be appealed, especially when a lower court is involved. However, you should note that unless the judge acted very irresponsibly in the delivery of his or her decision, it is very unlikely that a higher court will overturn that decision.

To ensure you stand the best chance, get a good legal representation.

Recent Articles