Chris’ Criminal Law Comments: Bail Part 2

By Christopher T. Powell Jr., Esq.

To determine whether to release a defendant on bail, the court must consider all available information relevant only to the defendant’s appearance or non-appearance at subsequent proceedings, and not whether he/she is innocent or guilty. These conditions include:

• The nature of the offense.
• The defendant’s employment status or history of employment.
• The nature of defendant’s family relationships living in the county where the crime was committed.
• The length and nature of the defendant’s residency in the community.
• The defendant’s age, character, reputation, mental condition and whether he/she is addicted to alcohol or drugs.
• If the defendant has previously been released on bail, whether he/she has appeared as required and complied with the conditions of bail.
• Whether the defendant has any record of flight to avoid prosecution or escape from custody.
• The defendant’s prior criminal record.
• Any use of false identification.

10) Any other factors as to whether the Defendant will appear as required and comply with the conditions of bail.

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