How Are Bail Amounts Determined?

Bail is an amount set by police or criminal courts designed to guarantee the cooperation of the defendant. The defendant can choose to pay bail, which will be returned to them if they attend their hearings. They can also choose not to pay bail and be detained until their hearing.

Once bail is set, the defendant can pay with cash or Montgomery County bail bonds. Depending on the amount, some collateral may be required if bail bonds are used. Bail is usually decided in a hearing and is determined by several factors.

Type of Crime

The nature of the crime plays a large role in determining the amount of bail. More serious crimes have larger bails where minor crimes, such as misdemeanors, have smaller bails. One method of determining bail by crime committed is based on the maximum sentence length for said crime. 

Flight Risk

The purpose of bail is to grant the defendant freedom until their trial. Paying bail helps guarantee that the defendant will return for hearings. If the court feels that a person is a flight risk, meaning they will attempt to flee and not attend their trial, they may have a higher bail. A person can be considered a flight risk if they have a history of missing hearings, have ties to other countries or if there is a significant amount of evidence against them.

Risk to Community

If a criminal is likely to commit violent crimes or otherwise endanger others, their bail may be increased. A person can be considered a danger to the community if they committed a violent crime or have a history of violent behavior.

Bail amounts are determined based on the type of crime committed, if the person is a flight risk and whether they are a risk to the community. If a defendant’s bail is low, they are more likely to be able to pay it in exchange for freedom until their trial.

Human Error Cause Hong Kong Ferry Crash

According to maritime expert, human error caused the October ferry crash that killed 39 people.

The ferry, Sea Smooth, was a commuter ferry that was carrying passengers from Hong Kong Island to Lamma Island. On October 1, the Sea Smooth collided with Lamma IV. This collision was the city’s worst maritime disaster in the past 4 years. The collision coincided with Hong Kong’s celebration of the anniversary of the founding of the People’s Republic of China.

The Lamma IV had families and employees of Hong Kong Electric Co. These passengers were on their way to view holiday fireworks in Hong Kong. There were also children on board the ferry.

According to maritime rules, two vessels that may collide must each turn starboard to avoid a crash. Starboard means right. The Lamma IV turned starboard. On the other hand, the Sea smooth captain did not. An expert witness stated that the captain’s maneuver was an attempt to cross ahead of the Lamma IV.

The maritime expert witness said that the Lamma IV could have done more to avoid a collision. This captain had approximately 30 seconds to turn right more. He also could have been more attentive to radar readings.

However, according to the expert, the Sea Smooth captain was definitely much more at fault. The Sea Smooth was traveling at a speed twice that of the Lamma IV. The captain was also alone in the wheelhouse, and his human error was probably fueled by the fact that he was alone. Lastly, he turned left, in the same direction that the Lamma IV was turning.

According to emergency calls, the Lamma IV quickly sank after the collision. Some witnesses claim that the Sea Smooth ran into the Lamma IV again when it started its engine. According to these witnesses, this second collision contributed to the Lamma IV sinking.

Many victims were trapped and drowned inside the boat cabin. There were 39 lives claimed in the crash. Eight of the victims were children. There will be more investigation into the collision. Survivors will be called to the stand to testify.

Everyone involved in this collision is suffering from physical and emotional trauma. The families of the victims have forever lost a loved one. If you or someone you love was involved in a human error accident like this, there are legal resources available. Such damages can result in significant medical bills, long lasting physical trauma, and emotional loss. An expert personal injury lawyer can help you seek damages for any trauma you experience.