There are two main determining factors used in deciding whether or not an indiviudal will be granted a reduction in their bail.
1. FLIGHT RISK= A person who is likely to flee the state, area, or even country in order to avoid prosecution and conviction.
- In court the flight risk factor is used when they decide whether or not to grant bond to an individual. This factor is considered while deciding the bond amount. Courts can decide based on their discretion to set highger bail if the defendant has a high risk of flight. a person who is likely to flee the country/state/area to avoid criminal prosecution.
2. LEVEL OF THREAT INDIVIDUAL PRESENTS TO THE SAFETY OF THE COMMUNITY= A persons level of danger, violence, terrorism, and safety to and for the community, surroundings, etc. For example in New Hampshire individuals charged with 1st Degree Murder are held until pre-trial and under any circumstances are never released on bail due to their threat level and the safety of their community.
The Court hears arguments from both defense counsel and the prosecution regarding these two bail factors when deciding what bail will be necessary to secure the accused person's appearance at Court and also for general safety of the community.