Under What Circumstances Would Bail Be Denied?
There are some situations in which bail will not be granted by the judge. Though bail bond agents typically succeed in ensuring a defendant’s release from jail prior to the trial, there is no guarantee such a release will be granted. Judges are legally empowered to deny bail for several reasons, some of which are arguably subjective. Let’s take a quick look at the top reasons why bail is denied for those accused of a crime.
The Defendant Is a Flight Risk
If the judge believes the defendant is a flight risk, he or she will not be granted bail. A flight risk is an individual who might choose to leave town and not return in an effort to avoid going to court and possibly ending up back in jail. If the judge insists that there is a good chance the defendant will flee due to the severity of the charge or due to a longstanding criminal record, bail will not be approved.
The Severity of the Crime
The significance of the criminal act the defendant is charged with also shapes the judge’s decision to grant or deny bail. An individual charged with a violent crime will find it is challenging to obtain bail. After all, judges are not exactly comfortable releasing an individual accused of armed robbery, rape, or murder back into the community. If the general public will be put at risk by granting bail, the judge will decide to deny bail to safeguard community members.
A Repeat Offense
The defendant’s prior history also plays a part in determining whether bail will be approved or denied. A repeat offender is that much more likely to cause problems in the community if bail is approved. The bottom line is that judges view repeat offenders as individuals who have not learned their lessons after breaking the law and being punished by the legal system, meaning they will be that much more likely to break the law once again after posting bail.
Failing to Show in Court
Missing a single court date has the potential to cause the judge to deny bail. Fail to show up to court, and the judge will likely deny your bail. The failure to appear in court makes it clear that the matter is not being taken seriously. The moral of this story is that an individual who is unlikely to show up to court as scheduled cannot be trusted to return to court as required by the judge, so it simply does not make sense to approve bail.
The Defendant Is Not a Citizen of the United States
If the judge cannot verify that the defendant is a citizen of the United States, bail will not be granted. An illegal alien or one with a limited immigration status is eligible for deportation even if only a minor crime was committed. The illegal alien can be held within the local jail through an immigration hold until the trial is complete or until an immigration hearing occurs to gauge whether deportation should occur.
A Threat to the Innocent
A defendant who displays indications of mental instability might be determined to be a threat to the community at large. Such an individual might even be a threat to himself or herself. Such a defendant would be better served with a mental health analysis instead of being sent right back into society as a free person. The bottom line is bail will not be approved for defendants who the judge deems to be a threat to themselves or others.
Contact A Way Out Bail Bonds Today
If you or a loved one need to be bailed out, our bail bond specialists are at your service. Lean on our team during this difficult chapter of your life, and you will be ecstatic with our service. Even if your bail has been denied, it is possible to establish a new hearing to address the judge’s concerns with your release or the release of your family member or friend. The judge might determine to set bail at this subsequent hearing. Our team is here to help. You can reach A Way Out Bail Bonds by phone at 817-261-2828.