If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and proving your innocence. Under state and federal law, formal charges must be filed within a reasonable time after being taken into custody. After which, setting bail conditions at the arraignment is critical.
One thing is for certain, criminal defendants are more likely to do and say things simply to get out of jail, without considering how bail is actually set. With that, we will highlight the elements that a criminal court judge may consider in setting bail and the conditions for your release.Â
Severity of the crime â Undoubtedly, the seriousness of the crime will be considered. Indeed, no specific facts will be assumed, but given possibility of the victim being harmed and the possibility of an investigation being thwarted, it may be prudent to hold the person accused.
The accusedâs criminal history â If the accused has a long criminal history, or has been arrested for the same crime before, a judge may be less inclined to order a release without strict standards.
The possibility of returnâ Bail can also be set based on the possibility that a person may not return and participate in the process. This is especially important when non-residents are accused of crimes while on business trips or vacations while in the state of Michigan. Simply put, the more likely a person will disappear, the higher the bail amount may be set.
If you have additional questions about bail conditions and release, an experienced criminal defense attorney can help.Â