Q: What are some things that judges take into consideration when deciding to give a defendant bail on criminal charges?
A: Seriousness if the crime, whether it was a violent crime, if the crime was only a property crime or drug crime or a crime directed against a person, whether a weapon was used, if there were victims who suffered injuries, the defendant’s past criminal history, the strength of the evidence against the defendant, the likelihood of jail in the event of conviction, the defendant’s ties to the community in which the case is pending (length of residency in area, current employment, employment history, family members in area, church or school attendance and the like), the defendant’s education, age, any factors weighing on flight risk, concerns about public safety if the defendant were allowed to be free in the community, the defendant’s mental issues if any, the defendant’s drug or alcohol abuse issues if any, whether the defendant is under active counseling or medical treatment to address and control any such issues, etc. one of the things a lawyer does when preparing for a bail review is delve deep into everything they can learn about the defendant so as to educate themselves on the best arguments for release of the defendant on personal recognizance or a reduced bail, or when those are not options, on pretrial supervision or electronic monitoring or home confinement.
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