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A Number of Factors Influence the Bail Amount Needed to Get Out of Jail

Jeff Cole
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Partner at Zimmer, Duncan & Cole

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If you have been arrested, one of your first concerns is getting out of jail. With certain minor charges, the judge may let you go on your promise to attend all court hearings. But often, a judge will require that a person pay bail in order to get out of jail.

Factors a Judge Considers When Setting Bail

In South Dakota, it is up to the magistrate or judge to determine bail, and there is no minimum or maximum amount. However, under South Dakota law, the court considers a number of factors in setting bail, such as:

  • The nature and circumstances of the charges against the person
  • The weight of the evidence against the person
  • The person’s family ties
  • The person’s employment situation
  • The person’s financial resources
  • The length of time the person has resided in the community
  • The person’s conviction record
  • The person’s record of attending court hearings or failing to attend court hearings in the past
  • The person’s flight risk
  • The risk that the person poses a danger to a person or the community

When bail is set, a person can either pay the amount or use a bail bondsman. A bail bondsman requires a person to pay only a nonrefundable fee—usually 10 percent of the bail amount. In cases where a person is charged with a serious felony or is a fight risk, the court could refuse to set bail.

If you have been charged with a crime, it is critical to contact an experienced criminal defense attorney who can help build your case. At Zimmer, Duncan & Cole, LLP, we will investigate your case and give you an honest evaluation of what you can expect in the court proceedings. Call us at 888-733-2992 for a free consultation to learn how we can help you.


Category: Criminal Defense


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