Why do judges set bail really high in some cases?

Asked by: Grace Sanford  |  Last update: February 19, 2022
Score: 4.1/5 (7 votes)

The Reality of Bail Amounts
High bail is particularly likely when a defendant poses a danger to the community or has committed an offense against a child. A judge may also set higher bail if a defendant is likely to flee the jurisdiction before trial or has a prior criminal record.

Why are bonds set high?

A high bail amount is often set down to keep you from skipping town. The offense is severe: You don't have to be accused of murder to be charged with a serious offense. Major crimes like sexual assaults may also lead to a steep price for bail.

What is the highest bail ever set?

Real estate heir Robert Durst received the highest bail ever in the United States at $3,000,000,000. In 2003 he was charged with the murder of his wife and given a $1 billion dollar bail, which he posted. Durst skipped on his bail and was then rearrested and given new criminal charges of tampering with evidence.

What is the appropriate level of bail in a given case?

Bail schedules can vary considerably according to locality, type of crime, and residency. As a general rule, bail for offenses classified as felonies is five to ten times the bail required for misdemeanors. The more serious and dangerous the crime, the higher the amount of bail is likely to be.

What is an example of excessive bail?

It also means the amount set reflects the seriousness of the crime. For instance, if a judge sets a bail amount of $500,000 for a misdemeanor criminal trespass, that amount would be excessive, given most misdemeanor bail amounts are generally minimal amounts, and certainly well below $500,000.

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22 related questions found

What determines excessive bail?

Excessive Bail Definition

Over the years, the U.S. Supreme Court has considered this question. In United States v. Salerno, 481 U.S. (1987), it concluded that bail is excessive when the amount is more than necessary to prevent the defendant from fleeing or posing a danger to society.

Why is it unconstitutional to set an excessive bail?

The Court determined that the Eighth Amendment places a restriction on the amount of bail set, so bail cannot place excessive restrictions on a defendant in relation to the perceived evil. Thus, the amount of bail cannot be set to an amount higher than what is necessary to prevent the perceived evil.

Why is bail set?

Remember: The primary purpose of bail is to allow the arrested person to remain free until convicted of a crime and at the same time ensure his or her return to court.

What happens if bail is denied?

If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.

What does set bail mean?

The Meaning of “Bail” Bail constitutes an agreement between you, the defendant, and the court. ... As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in order to be released from jail. Once you return to court on your specified date, you're able to get your money back.

Who had the most expensive bail?

Coming up at number one as the most expensive bails bonds in the world is Michael Milken. Milken was an American businessman who in 1989 was indicted in a big case against Wall Street. His bail was set at a whopping $250 million and he was charged with racketeering and securities fraud.

What gets you a million dollar bail?

$1 Million Dollar Crimes

Crimes other than murder can result in having a $1,000,000 bail set. Violent crimes against law enforcement and children, large scale drug or weapons distribution, and even white-collar and financial crimes can result in having a high bail set.

Do bond prices remain fixed over time?

Bond prices remain fixed over time. A bond issuer must pay periodic interest. Bonds carry no corporate ownership privileges. ... A bond issuer must pay periodic interest.

What makes Treasury yields go up?

If the demand for Treasuries is low, the Treasury yield increases to compensate for the lower demand. ... Treasury yields can go up if the Federal Reserve increases its target for the federal funds rate (in other words, if it tightens monetary policy), or even if investors merely expect the fed funds rate to go up.

Can bail be rejected in High court?

In case the High Court rejects your bail application then you can file the application again before the Sessions Court on account of change in circumstances. The Sessions Court can grant bail upon a subsequent bail application only if there is change in circumstances.

What are the 3 main grounds for refusing bail?

An accused person must be refused bail if there is an 'unacceptable risk' that, if granted bail, they will fail to appear, commit an offence, endanger the safety or welfare of any person or obstruct the course of justice or interfere with a witness (see s 4E).

Why would someone be refused bail?

Considerations such as prior criminal history, the seriousness of the charge, the risk of reoffending, previous breaches of bail or if there is a genuine chance that you will not appear at your next court appearance, will all weigh into whether or not bail will be granted.

What are bail conditions?

Something a person must or must not do when they are on bail. A person can be arrested if a bail condition is broken (breach of bail). Bail conditions can include any of the following: ... Attend and participate in bail support, bail support and supervision, Intensive Supervision and Surveillance (ISS) programme.

What does bail on someone mean?

Bail on (Someone): The expression to bail on (someone or something) means to break off a relationship or abandon a person or thing.

What are the different kinds of bail?

There are 3 types of bail Regular, Interim and Anticipatory.

What does excessive bail mean in the 8th Amendment?

Bail is excessive in violation of the Eighth Amendment when it is set at a figure higher than an amount reasonably calculated to ensure the asserted governmental interest.

Is excessive bail incorporated to the States?

The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention.

What does the 8th amendment protect?

Constitution of the United States

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What does excessive bail mean simple?

n. an amount of bail ordered posted by an accused defendant which is much more than necessary or usual to assure he/she will make court appearances, particularly in relation to minor crimes.