If you are arrested and your criminal defense attorney asks for bail, there are several factors the court will consider when deciding to grant you bail:

• The heinousness of the offense, and the severity of the penalties if convicted
• The strength of the prosecution’s case
• If you have a criminal record, your record of honoring release and conditions of probation or parole conditions. [link to “probation and parole”]
• Community ties, including family
• Your job history
• Your financial assets
• Whether you have used false identities in the past

The first factor, seriousness of the offense, is usually considered the most important because the more serious the crime, the greater the potential penalties and the greater your incentive to flee.  It also increases the danger that a defendant will attempt witness tampering or further criminal activity.

The judge at your bail hearing will primarily be attempting to find out whether you can be trusted to:

• Return to court for your trial, even if likely to be convicted
• Abstain from more criminal activity
• Do not attempt to contact or tamper with witnesses.

Your criminal defense attorney will try to argue that:

• The crime of which you are accused is less serious than a violent or heinous crime.
• Show that the likelihood of conviction is not as great as it might be.
• You can be trusted due to community ties and reliability, and other verifiable positive factors about you.

If you have been arrested or think you might be, a New Hampshire criminal defense attorney may be able to help strengthen the case for your bail.