Do Repeat Offenders Get Higher Bail Amounts?

This is a complicated issue. On one hand, judges want to protect public safety by keeping dangerous criminals locked up before trial. But on the other hand, setting really high bail amounts can disproportionately hurt poor defendants.

In general, judges have a lot of discretion when setting bail. They can consider things like:

• The severity of the charges
• The defendant’s criminal history and record of showing up for court
• Whether the defendant is likely to be a danger to the community if released

So yes, judges absolutely can and do set higher bail for defendants with a long rap sheet of prior convictions. The reasoning is that someone with a long criminal history may be more likely to commit more crimes if released, or more likely to skip town rather than show up for their trial.

Concerns About High Bail for Repeat Offenders

Setting really high bail amounts for defendants with a criminal record definitely helps keep repeat offenders locked up pre-trial. But there are some downsides too:

• Poorer defendants who can’t afford to post bail may plead guilty, even if they’re innocent, just so they can get out of jail.
• Taxpayers foot the bill for housing all those defendants before their trial.
• Loss of income and family connections while locked up may increase the chance that someone reoffends after they’re released.

And even if someone has a long rap sheet, there’s no guarantee they’ll commit more crimes or skip court dates if they’re released pre-trial. So reform advocates argue judges should look at each defendant’s current circumstances, not just their past record.

Overall there are good arguments on both sides. It’s a balancing act for judges to weigh public safety against the rights and rehabilitation of defendants.

The Bail Project

One interesting effort is the Bail Project, a non-profit that pays bail for people who can’t afford it. The idea is to help them maintain jobs and housing while fighting their case, making them less likely to reoffend. So far their clients have high rates of showing up for court dates.

Could this type of support help even repeat offenders get released pre-trial without threatening public safety? It’s an approach worth studying more.

The Bottom Line

Judges absolutely can and do consider a defendant’s criminal history when setting bail amounts. Specific state laws often instruct judges to think about a defendant’s past convictions and court appearance record.

So yes, repeat offenders typically get higher bail amounts than first-time defendants. How much higher depends on the charges, the judge’s discretion, and state laws.

There are good arguments for and against this approach when it comes to protecting the public while also upholding defendants’ rights. It’s a complex issue with no easy answers.