What is considered by the Court in fixing the amount of bail?

A - The amount of the bail is primarily within the discretion of the judge or magistrate, with only two general limitions: First, The purpose of bail is not to punish, but only to secure the appearnace of the defendant, and it should be fixed with that in mind. Second: Excessive bail, not warranted by the circumstances is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record, and the probability of the defendant appearing at the trial or hearing. Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, threats to the victim or witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of ...  more