Bond Factors: Criminal History
In this installment of our series dealing with bond factors, we will take a look at one of the most important factors dictating whether or not an individual is allowed to post bond and at what amount: the accused’s criminal history. As discussed in previous blogs, the primary purpose of allowing the accused to post bond is to allow them to await their court date with some semblance of freedom while ensuring that such individuals arrive back at court for their court date. A major consideration in whether or not this is allowable is whether the defendant poses a danger to society. To that end, then, the criminal history of that individual is extremely relevant.
It does not take much of an imagination to envision the link between an individual’s criminal history, the granting or denial of bail, and the bail amount. Courts are reluctant to release from custody an individual who may pose a danger to society, so someone with a long criminal history, especially if that history is littered with violent offenses or sexual offenses, is much more likely to be denied bail or to have it set at an extraordinary amount in an effort to basically keep that person from being able to post enough bond to get out of jail.
A person’s criminal history, however, does not always tell the full story about the danger that person poses to the community or what type of individual he or she really is. An experienced criminal defense attorney can shed some light on the circumstances surrounding a person’s criminal history that may be able to persuade a court that the individual is not a danger to society like he or she may appear and is not likely to pose a risk of injury to anyone if granted a smaller amount of bail. Persons who are facing bail-related dilemmas or know someone who is unable to post bond due to such circumstances would be wise to contact a skilled East Tennessee criminal defense attorney for assistance in handling the situation.
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