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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