How do they decide what a bond or bail is if a person is arrested?

Question

There's been an incident near here where a drunk driver went up a driveway, hit a tree and debris knocked a kid unconsious and broke his finger while shooting hoops. The guy continued through the garage, over an embankment and sunk his SUV in a retention pond. He was released after paying 100 dollars. Seemed like he got off easy considering the damage.

http://www.chicagotribune.com/news/local/chi-0612300191dec30,1,5726623.story?coll=chi-newslocal-hed

Here's the article.

Answer 1

Bail is set by a judge. While the crime that they are accused of is a factor, the likeliness of flight is the primary determining factor. If the accused is considered a minimal flight risk, bail will be relatively low. The accused's standing in the community and ties to the community (job, property ownership, family, etc.) usually help to determine the flight risk.

Keep in mind that bail or bond is only a guarantee that the accused will appear at trial. It is NOT a penalty for the crime accused so he did not "get off" for $100.00. The $100.00 was probably in lieu of posting a $1,000.00 bond, the bond being posted by a bail bondsman and the $100.00 was the bondsman's fee.

Answer 2

While, the actions of this guy are deplorable, the Law is clear in most States. There are guidelines set in most cases misdemeanors, 1st., 2nd.,& 3rd., and felonies 1st., 2nd., &3rd., each category carries it's own amounts pre set by the Courts. If there are special circumstances, the magistrate may ignore the guidelines already set and either impose a higher or even lower bond. evidently this guy either knew someone or has a top knotch " Attorney " and plenty of $$$$$$$$$$ to go with it. While it's sad but true, in this day and age it's generally "" WHAT CAN YOU AFFORD"". As far as the injuries, and property damage, this guy will soon find it very difficult to get insurance, that's provideing he didn't have a heartattack, stroke, diabetic episode, etc. . I know you stated he was D.U.I., But, I've seen cases where all the person did was state he had an attack of some kind
and when it can't be disputed, the case is Dismissed.

Answer 3

That scenario sounds way too fictional,but here's the way they figure it out. The bail commisioner decides what your bail will be by considering the offense,your previous record,If you hold down a steady job,If you have established roots in the area,and again the seriousness of the offense,but like I said that scenario doesn't sound real unless you live in a tiny little village and he is good friends with the commisioner or judge.

Answer 4

Bail is determined by flight risk and dangerousness. They less likely you are to harm someone and less likely you are to flee the jurisdiction, the less your bail. If the courts can do something like take your license away to make you safe, you get little bail. You have a right to bail, so the courts try to use the least restrictive means, and the least amount of money. People who are remanded are typically dangerous (murder, rape, etc) or are flight risks.

Answer 5

judge decides, often it will depend on who the person is. All bail is, or does is a payment they get back to be sure they appear in court, so if the person owns his home, has family in the area, has a full time job and so on, often they don't pay any bail but released on promise to appear

Answer 6

The prosecutor presents the preliminary evidence and asks the judge to set bail, depending on the severity of the crime and the risk of flight. The judge then can set the bail wherever he or she sees fit. Most judges are elected, as are most prosectors.

Answer 7

Usaually your bail is 10% of your Bonds, if you are not a flight risk then you can get out for almost nothing, he will get his sentence soon enough, just because he's out doesn't mean that he is free.