If you have been arrested and are being held pending your first appearance, it is normal to wonder how you will get out of jail. For those who have loved ones behind bars in the same situation, getting them out of custody is a prime concern.

Fortunately, one of the points of an arraignment is to determine whether a person should be released from custody and establish certain conditions for release. This post will focus on what a judge may consider in setting bail as well as the conditions for release. 

Severity of the crime – The seriousness of the crime is a substantial factor. Keep in mind that the judge is not making any factual determinations yet, but the need to keep the accused close so that participation in the process is guaranteed, and the possibility of the accused harming the victim are key questions the judge will answer.

The accused’s criminal history – Again, the facts of the case are not at issue in an arraignment, but accused’s criminal history is, especially if the accused has previously been convicted of the same or similar crimes. Things may not bode well if the accused has recent priors. Those with chronic criminal histories may have a difficult time with bail.

The possibility of flight – As we noted before, participation in the process is vital. A judge will hear arguments regarding the likelihood that the accused will continue to appear in court. The more likely the accused will disappear, the higher the bail amount may be.

If you have additional questions about arraignments and bail conditions, an experienced criminal defense attorney can help.