When setting bail, a judge must consider the safety of the victim and the community.

• A. False
• B. True
• C. Only After A Hearing
• D. Always From The Prosecutor

Answer: (B)

When setting bail, the judge weighs not only whether the defendant will return to court but also whether releasing them would endanger the victim or the community. Public safety is a fundamental consideration because pretrial release can impact real people’s safety, so a judge can set higher bail, impose conditions (like no contact with the victim, surrender of firearms, or electronic monitoring), or even hold without bail if the risk is too great. This reflects how bail decisions are guided by statutory and constitutional protections that balance flight risk with protecting the public. The prosecutor can advocate for certain terms, but the judge has the final authority to decide.