The amount of the bail is first and foremost within the scope and discretion of the judge overseeing the case, with only generally two limitations. First, The purpose of bail is not to penalize or punish the defendant, but to secure the appearance of the accused individual. Second, excessive bail, not warranted by the circumstances or the evidence for the case is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration a number of stipulations including the defendant’s previous criminal record, and the probability of the defendant appearing at the trial or hearing. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond.