The judge typically sets the maximum amount. It is calculated based upon the severity of the offense and the criminal history of the accused and their connections to their community.
In the majority of cases it is the case that a bail bond agent is needed to post the bail amount on behalf of the person being accused, in exchange for a fee (usually about 10 percent of the bail). The bondsman is responsible for insuring that the defendant is present in the courts for the hearing or trial, and in the event of their failure to do so, the bondsman may be ordered to cover the entire bail amount.
Not all bail applications are allowed. However, even if it’s granted it could be too large for the defendant to cover. In these cases, the accused must remain in jail until trial.
Recent criticisms of the bail system were directed towards the bail system as it can harm people of low income who might not be able to cover bail.
Understanding the bail process is essential. A lawyer who will guide you through the procedure and safeguard your rights is vital.