The Eighth Amendment to the United States Constitution guarantees individuals the right to fair and reasonable bail. Most importantly, it protects individuals from excessive bail.
The purpose of bail bonds are twofold. First, it allows people to be free from incarceration while the criminal process is proceeding. Second, it acts as a guarantee that a defendant will show up to court or they forfeit their money.
Bond amounts are set by the judge who bases the decision on the severity of the crime, a person's criminal history, the individual's flight risk potential, among other considerations. A judge may place a no bond hold on a person if the defendant is found to be a flight risk. In the absence of flight risk, the judge should set a reasonable bail based upon the entirety of the circumstances.
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