Idaho Criminal Rule 46 directs a court in the setting of bond/bail or whether to release someone charged with a crime on "their own recognizance," "OR" for short, or without having to put any money up. Unless you are charged in a capital murder case, the judge must set a bond/bail or release you OR.
The judge has to consider the following factors in making the decision about bond or bail:
- The defendant's employment status and history, and financial condition;
- The nature and extent of the accused's family relationships;
- The defendant's past and present residences;
- The defendant's character and reputation;
- Any person who agrees to assist the defendant in attending court at the proper time;
- The nature of the current charge and any mitigating or aggravating factors that may bear on the likelihood of conviction and the possible penalty;
- The defendant's prior criminal record, if any, and, if defendant has previously been released pending a trial or hearing, whether defendant appeared as required;
- Any facts indicating the possibility of violations of law if defendant is released without restrictions;
- Any other facts tending to indicate that defendant has strong ties to the community and is not likely to flee the jurisdiction; and
- What reasonable restrictions, conditions and prohibitions should be placed on defendant's activities, movements, associations and residences.
As you can see, there's a lot of information for the judge to think about. That's why it is critical for anyone who is in custody facing the setting of bond or bail to talk to their criminal defense attorney. It is also critical for the attorney to be familiar with Rule 46 and the factors the judge looks at.
If you or someone you know has been arrested, give us a call. We can help set u the best case for a strong bond bail argument.