What is Bail?

By Shaffer & Engle

The purposes of bail are to secure the accused's attendance, and avoid
the imprisonment of persons still entitled to a presumption of
innocence, among others. Since it is not the purpose of the criminal
law to confine a person accused of crime before conviction, bail is
allowed in recognition of the presumption of innocence until guilt is
proved, and is a necessary corollary to the constitutional concept
that persons may be imprisoned only after conviction.  Bail is
intended to enable an accused to remain out of jail until the next
proceeding in the case, or until there has been a final disposition of
the accusation, and to prepare a defense.
Another object of bail is to secure the presence of a person charged
with a crime at trial, or at any other time when his or her presence
may lawfully be required, and to provide adequate assurance that the
defendant will stand trial and submit to the sentence if found guilty.
What do the courts look at when determining what the bail amount will be?
Among many factors, the courts will often review the following when
determining how much the bail amount should be:
The nature of the crime(s) charged.  Certain crimes, such as murder,
may not allow for bail to be established.  Charges with more serious
consequences or mandatory jail terms will have higher amounts.
The criminal history of the accused.  Although bail is not to be
punitive in nature, the courts will often review the criminal history
of the defendant.  Certain crimes, such escape or fleeing and eluding
police will militate against a low bail amount.
The defendant's ties to the community.  Do they have a family, a job,
a home in the community?  A person is less likely to flee the
jurisdiction if so.
The position of the Commonwealth.  The police or prosecutors may
indicate to the court that they do not oppose low monetary bail for
many reasons, the least of which is cooperativeness of the defendant.
Any other factor that the court deems relevant to establish that the
defendant will abide by the terms and conditions of their bail.

For more information on these matters, please call our office at 305
548 5020, option 1.

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--
Sincerely,

Tatiana, Restrepo, Front Office Manager
From the Law Office of Yoel Molina, P. A.
Office: 305-548-5020
782 NW 42nd Ave, Suite 343, Miami, Fl. 33126 in the "Ocean Bank" Building

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