Jul 10, 2024

Can Bail Be Increased After an Arrest?

Can bail be increased after arrest

When one of your friends or loved ones gets arrested in Denton, you may be surprised to find out that a set bail amount isn’t always the final judgment. Based on specific circumstances and a judge’s ruling, bail can be raised from its initial set cost. Find out what factors may cause bail to be increased, and what you and your family can do to secure a Denton bail bond for your loved one’s freedom.

How is Bail Set?

When discussing raised bail, the story needs to start with how bail is initially set. The severity of the crime is one of the many things that a judge will consider before finalizing a bail amount.

Prior Criminal Records

Before deciding a bail amount, the judge consults a defendant’s prior criminal offenses. A person’s past is often linked to the bail amount for the crime for which they are arrested. Bail schedules have a range for each offense, and nasty criminal records could land someone on the higher end of the spectrum.

Conduct During an Arrest

Did the offender go quietly, or did the police have to chase them down? The conduct during an arrest counts towards the bail amount for an offense.

Is the Defendant a Flight Risk?

If a person doesn’t have a steady job, ties to the community, significant financial resources, or has fled from the courts before, they are definitely a flight risk for their current offense. Being a flight risk could mean higher or no bail at all!

Reputation Within the Community

Finally, the judge surveys a defendant’s reputation with the community. Other than the crime, are they well-liked? Are they a threat to others around them? These answers all contribute to the bail a judge sets for a defendant.

Can a Judge Raise Bail After Setting an Amount?

Past Criminal Record

When a judge reviews a defendant’s criminal record, they may discover more information about the person. If it’s revealed that the person is on parole or probation, bail may be increased or outright revoked.

Threat to Public Safety

If the judge sees the defendant as a threat to the public or themselves, the judge can increase the bail amount. Furthermore, if the charges and arrest lead to suicidal thoughts for the defendant, the judge can completely revoke the bail to ensure constant watch for their safety.

Victim’s Injuries Worsen

Unfortunately, injuries sustained after an act of violence aren’t stagnant. If a victim’s injuries worsen over time, the judge may likely increase or revoke bail if the injuries are related to the crime.

Escalated Damage

Like a victim’s injuries worsening, escalated damage related to a crime can result in a higher bail rate. For example, if the defendant’s crime created initial damage to property, but it was later uncovered that the damage exceeded the surface-level estimate, this would mean a higher bail rate.

Real-Life Cases of Judge Raising Bail

If it sounds like increased bail may seem far-fetched, the truth is that there have been several high-profile cases in which the judge raised bail against the defendant.

OJ Simpson

During the murder trial of O.J. Simpson in 1994, his bail was initially set at $250,000. However, after the infamous white Bronco chase and mounting evidence against him, the judge increased it to $1 million. The high-profile nature of the case and concerns about flight risk influenced this decision.

Robert Durst

Real estate heir Robert Durst faced murder charges related to the death of his neighbor, Morris Black. Initially, his bail was set at $250,000.  However, after Durst was arrested in Pennsylvania for bond jumping, his bail was increased to $3.2 million, reflecting the charges’ seriousness and potential danger to the community.

Bernie Madoff

Orchestrated one of the largest Ponzi schemes in history. His initial bail was set at $10 million.

Later, due to concerns about his substantial assets and flight risk, the judge revoked bail entirely, leading to Madoff’s imprisonment until his sentencing

Following a Bail Schedule

Our research found that many counties enjoy keeping their bail schedules under wraps. However, we did uncover a revised felony bond schedule for Mills County, TX,  from 2021 that gave us a closer look at how a bail schedule works.
Based on this felony schedule, if a person committed a first-degree felony offense, the bond can be anywhere from $25,000 to $100,000. If the judge finds that the individual was a repeat offender, the bond can be increased between $15,000 and $40,000.

FAQs About How to Keep Yourself Out of Jail

What factors do judges consider when increasing bail?

When a judge decides it’s time to increase bail, they do so upon review of various factors. These can include uncovering more about a past criminal record, extensive property damages, victim injury worsening, and if the defendant is a threat to public safety.

 

Can I appeal a bail increase decision?

Yes, you can attempt to appeal a bail increase decision. However, it will usually be denied, as judges don’t consider bail increases lightly and carry them out after having viable proof for the decision.

 

How long does it take for bail to be increased?

Typically, bail is determined within 24 hours after an arrest. Depending on how quickly the victim’s health or property damage deteriorates or how long it takes to review community status and priors, bail could easily be increased within hours after an initial determination.

What to Do if Bail Amount Increases?

If your bail increases, it’s important to take prompt action. First, immediately contact your attorney to understand the reasons for the increase and explore your options. Your lawyer may be able to challenge the increase or negotiate for a lower amount.

Next, reassess your financial situation and determine if you can afford the higher bail amount. If not, consider contacting family, friends, or a bail bondsman for assistance.

Alternatively, you may need to remain in custody until your court date if you cannot secure the funds. Throughout this process, ensure you comply with all court orders and attend all required hearings to avoid further complications.

Increased Bail Bond Amount?

Even if the Denton courts have raised your loved one’s bail, Big Bubba’s Bail Bonds will still make every effort to get them home while waiting for their upcoming court date. We are open 24/7 and can help make all of your bail arrangements. Get in touch with us today to start the bail bond process.