Below are most of the factors that criminal courts consider in releasing a person either on his own recognizance (meaning based on his own promise that he will return to court for his following hearings) or to set a bail amount. Some factors hold more weight than others do. This is an extremely critical stage in the criminal proceedings and hiring the correct criminal defense lawyer could make the difference between the person getting released on his own, or for his/her attorney to convince the court that the alleged defendant should receive a low bail amount, which would be affordable for him/her to pay to get released pending his criminal case.
These factors include:
1) The nature and circumstances of the offense charged;
2) The weight of the evidence against the defendant;
3) The defendant’s family ties, length of residence in the community; employment history, financial resources, and mental condition;
4) The defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings;
5) The defendant’s character, reputation, habits and mental condition;
6) His employment and financial resources;
7) The nature and probability of danger which the defendant’s release poses to the community;
8) Whether the defendant is already on release pending resolution of another criminal proceeding or on probation, parole, or other release pending completion of a sentence;
9) The nature and probability of intimidation and danger to victims;
10) The power to require bail is not to be so used as to make it an instrument of oppression; and
11) Any other facts the court considers relevant.
As you can see there are many factors that the court may take into consideration when setting bail. Hiring a San Diego Criminal Defense Lawyer that actually deeply cares about each and every one of his clients could make all the difference.