How a Judge Determines Bail in Your New Hampshire Criminal Case
If you are arrested and your New Hampshire criminal defense attorney asks for bail, there are several factors the court will consider when deciding whether to grant it:
- The seriousness of the offense, and the severity of the penalties you face if convicted;
- The strength of the prosecution’s case;
- If you have a criminal record, your record of honoring conditions of probation or parole.;
- Community ties, including family who live in the area;
- Your job history;
- Your finances; and
- 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 other forms of criminal activity while out on bail.
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 you are likely to be convicted;
- Abstain from criminal activity; and
- Not attempt to contact or tamper with witnesses.
Your New Hampshire criminal defense attorney will try to argue that:
- The crime you are accused of is not violent or heinous;
- The likelihood that you will be convicted is low; and
- You can be trusted due to community ties and reliability, and other verifiable positive factors about you.
If you have been arrested and you need help preparing for your bail hearing, please contact New Hampshire criminal defense attorney Sven Wiberg by calling the Wiberg Law Office, PLLC at (603) 686-5454 or (877) 222-4850 or visit our website at www.nhcriinaldefense.com.


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