What is taken into consideration when determining the amount of bail?
The amount of bail is in the discretion of the judge or magistrate with two main limitations. The court must remember that the purpose of bail is to secure the appearance of the defendant in court, not to punish the defendant. The court must also remember that excessive bail is a violation of constitutional rights. When determining the amount of bail the seriousness of the charge, the defendants previous criminal record and the probability of the defendant appearing in court must all be taken into consideration.
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