I was recently released from jail after a DUI. My bail was higher than a friend’s bail. Why?

The bails are set by a judge based on a number of conditions. Each judge is different and each jurisdiction is different. Even if you have a friend that was booked on the same night by the same judge for the same offense, you could have very different bail amounts. Here is a brief overview of some of the things that the judge may take into consideration when he sets a bail amount:

Type of the Offense
The nature of the offense has a direct correlation to the amount of the bail. While all offenses are in violation of the law, the bail is set at different levels depending on the severity of the offense. Sometimes, if an offense is truly heinous, the judge may not even grant bail. For example, if someone is in jail for murder, the judge will either refuse bail or set a bail rate very high because the crime is so great. However, if someone is in jail for shoplifting, the bail may be lower, depending on the amount that was shoplifted and the circumstances surrounding the incident.

The History of the Defendant
Those defendants that have a criminal history will generally have a higher bail than those individuals that are first-time offenders. Defendants that are booked on the same crime or on an additional crime will almost always have a higher bail rate than those defendants that have never been convicted of a crime. As such, if you have a criminal history of any kind and your friend does not, it would make sense that your bail would be set at a higher rate.

Likelihood of Fleeing
The bail rate also changes based on the judge’s determination that the defendant may not show up in court. The judge wants to ensure that a defendant does arrive in court to serve trial and for any subsequent hearings. As such, if the judge believes for any reason that the defendant will flee, he will most likely set the bail rate at a higher level than if the judge had no reason to believe that the defendant would flee.

Jurisdiction
Every jurisdiction and judge is different. If your friend is in a different jurisdiction, had a different judge, or if any of the other circumstances were different, it would make sense that the judge would not make an identical decision to your judge in your jurisdiction. To increase your chances of getting a lower bail, you should behave while in front of the judge and around police officers so that your record is favorable.