Law Offices of Thomas C. Mooney - Criminal Defense
Call Today for a FREE Consultation 301-579-3429

Who is eligible for bail and how is it determined?


Bail is either money, property or another kind of collateral that is used to secure the release of someone who has been charged with a crime. Bail is basically a promissory note that says to the court that the defendant will come back and face his or her criminal charges. If the defendant does show up in court, then the amount of bail is returned. However, if the defendant fails to show up in court, then the amount of bail is forfeited. But who is eligible for bail and how is the bail amount determined?

Bail eligibility is usually determined by a judge at a court session known as a bail hearing. In certain cases the Assistant State Attorney may ask the judge to deny bail to a defendant. The ASA's reasons could be due to the gravity of the charges the defendant is facing or if the ASA believes that the defendant poses a risk to the local community. This request could also stem from a belief that the defendant would jump bail and not return to court.

During the bail hearing the judge will consider a number of factors in order to determine the bail amount. Typically, this will include the defendant's criminal history, if any, the physical and mental condition of the defendant as well as how long the defendant has lived in their community. The judge may also consider the defendant's finances, their drug and alcohol history, their family ties and what their previous record is regarding court appearances.

Determining the amount of bail for a defendant can sometimes seem confusing. However, any Maryland resident who is facing criminal charges may want to speak with a criminal defense attorney in order to get a better understanding of the bail setting process.

Source: princegeorgecountymd.gov, "What happens to a case in Prince George County Criminal Court?," Accessed Jan. 23, 2016

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Maryland Association For Justice The National Trial Lawyers | Top 100 Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent Top Lawyers This is to certify that Thomas C. Mooney has been chosen as a top lawyer in Washingtonian Magazine in 2015
Super Lawyers

Contact Us

14750 Main Street, Suite C
Upper Marlboro, MD 20772

Phone: 301-579-3429
Fax: 240-363-0051
Upper Marlboro Law Office Map