At this bail hearing there are four factors
that a judge will consider in deciding whether to reduce bail
or grant an OR. First of all, the judge looks at the
seriousness of the new underlying offense.
Did it involve violence? Did it involve corruption? Was there
an alleged victim who was injured or who was out a lot of money.
The more serious the crime, the less likely the judge
is to lower bail or grant an OR release.
The second factor that the judge looks at is the defendant's
criminal history. So somebody who has a clean record
obviously is going to fare much better at a bail hearing than someone who has
an extensive criminal past. The third factor that the judge
looks at in a bail hearing is the probability that the person
will come back to court for future court dates. We sometimes call
this the issue of whether the person is at flight risk.
In accessing, the judge is gonna look at how long has a person lived
in the community, are they a long time resident or a transient?
The judge also looks at, have they ever failed to appear
for court dates in the past? Do they have a record of failing to appear?
And the judge will look at whether they have substantial ties to the community.
Does the person have a family and a job and
civic activities in a home, or own property in the community?
The more the person is stable and has a long term presence
in the community and ties to the community, the more likely the judge
is to reduce bail or grant an OR release. The fourth and final factor
that a judge looks at a bail hearing and probably the most
important is whether the person poses a danger to public
safety. Is a person accused of a crime involving violence
or weapons? Does a person have a violent history?
If the judge feels that the defendant, if released would
pose a danger to witnesses in the case or the alledged victim in the case
or the community in general, then the judge will be very hesitant
to lower that bail or grant them an OR release.
I am attorney Neil Shouse, if your loved one is
custody and you're looking to get bail reduced or an OR release
call me and let's see what we can do to get that accomplished.