Types

• Non-violent crimes or minor infractions usually don't require a bond at all. This is always at the discretion of the judge, but most will not impose a bail bond on first-time offenders as well, instead choosing to release them "on their own recognizance" (that is, trusting their word that they will appear in court on the scheduled date). The more serious the crime, the higher the bail bond usually is and the less likely a judge will allow one. Murders, certain sexual crimes and accusations of witness or evidence tampering may also void bail bond options.
  
  

Considerations

• Judges look at the criminal past of a person to decide whether or not the person is entitled to bail bond. Those with a criminal history (especially if the crime committed in the past was the same), those who failed to show up in court before, or those who are likely to repeat the offense may be denied bail. Also, a judge may decide not to offer bail if he believes that the accused is likely to flee or to pose a danger to society or to himself in the case that he is released. Minors are often released to their parents and very rarely get a bail imposed on them.
  
  

Geography

• Laws vary significantly from state to state, and a person who would be eligible for a bail bond in New York may not be in Texas. For example, states that have the death penalty don't allow bail bonds for crimes that may get such conviction. Some states, like California, don't allow bail bonds for any crimes that may lead to a conviction of 10 years or more in prison, while others, like Utah, have come up with uniform bail schedules meant to help judges determine the exact amount of a bail bond for each specific crime.
  
  

Expert Insight

• Certain crimes are never eligible for bail bond release. According to current bail laws, those accused of terrorist acts or acts against the safety of the nation are never eligible for bail. The same is true of those accused of violent crimes that may lead to the death penalty, such as especially violent crimes. If there is reasonable belief that the life of the suspect is in danger (either because of suicide attempts or death threats), judges may also order a no-bail arrangement.
  
  

Identification

• Bail bonds have to be paid in cash, either by yourself or by a licensed bondsman. If you contract the services of a bondsman, you should expect to pay fees of about 10 percent of the total required bail bond. The amount of a bail can go up or down depending on whether this is a first-time offense, the age of the offender and whether he acted maliciously or under provocation (these are known as mitigating circumstances). On the other hand, certain events, known as aggravating circumstances, may increase the amount to be paid or may lead to a negation of bail, such as in the case of multiple charges, the offender's attitude toward the crime and repetitive criminal conduct.