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Originally Posted by albania
Do the courts have to set bail? I mean, is it required by law?
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The judge can choose to set a no bond if the court feels the defendant is a flight risk or if there is sufficient evidence to support that the defendant will tamper with jurors or cause harm to the trial in some way.
Also, the court can release the defendant on his own recognicence (sp?) or into the custody of parents or family members. In some cases, bail will be waived in lieu of a house arrest type situation. The person must wear an electronic band that monitors their whereabouts and in some cases must also report to the sheriff's office daily or weekly until the trial date.
Every state has a different set of rules that are adhered to when it comes to bail. The defense and prosecution are allowed to make their cases at the bond hearing at which time the bail will be determined. Bail is just an insurance plan to help insure that the person will show up to court. If the person fails to show up, then an FTA (failure to appear) will be docketed to the record and a warrant for arrest will be drawn up. This often increases bail and often times carries a 30 day sentence along with a no-bond sentence for the other charges.
If the defense feels that excessive bond was set then another bond hearing can be set to determine if the amount can be lowered or dropped.