The courts or judge will not be determining if you are guilty or innocent. The hearing is to
establish the bail. The determination is if the defendant will behave properly if released and
will cooperate fully and show up for all court appearances. Most of the time bail is set based
on a standard schedule based on what you were charged with when arrested and the seriousness of
the crime. Some courts are using a more advanced calculators that implore an algorithms to set
bail that will take into account age, criminal history, and risk level. The bail hearing tends
to be more informal. Both parties (prosecution and defense) will be heard and witnesses can even
be called. The defendant will have the opportunity to hear and respond to the charges and
presentation the municipality makes. The bail hearing is open to the public.
You may have an attorney represent you at a bail hearing also. I am sure you can see the
benefits of have a criminal defense attorney to argue the issue of bail. Your attorney may also
arrange for family members or friends to show up in court, like a roommate, to reassure court
that the defendant will have a place to go to if released.
The judge can also lower the bail or require no bail for defendant to be released. The judge may
also set higher or not allow for bail (defendant will remain locked up while awaiting trial) if
they think defendant is a flight risk or has missed several court appearances in the past.
Another point of consideration for the judge is if the defendant will commit any other crimes
while awaiting trial. Failing to appear or abide by judges orders may result in forfeiture of
bail so higher bail.