Several Reasons Why Bail Could be Denied

Several Reasons Why Bail Could be Denied

Reasons Why Bail Could be Denied

The bail’s main idea is to make the defendant forced to attend all court hearings while out on bail. Otherwise, the bail amount that the defendant used will be forfeited. 

Most of the court uses a risk assessment tool to assess the right bail amount for the specific defendant properly. But the Judge has the authority to lessen or increase the 24 hours bail bonds amount, or for more serious cases, deny the bail whenever necessary. 

For bail denial, the defendant needs to spend his/her time in the jail while awaiting trial.

Here are the common reasons why the Judge could deny bail:

1. If the defendant is a flight risk

The court uses the term flight risk to describe someone who has a high chance to flee the state or country to avoid criminal prosecution. However, proving that the defendant is a flight risk or not can be challenging. Bail arraignment serves as the place and time wherein the defense lawyer has to present evidence proving that the defendant will show up to all court proceedings.

Some factors that determine flight risks are as follows:

  • Family or community ties
  • Employment
  • Prior record of court appearances
  • Prior record of fleeing the state or country
  • Financial resources

2. If the crime is severe

Depending on the severity of the crime is the defendant’s chance of bail. If the defendant’s criminal case involves violent crimes such as murder, rape, or armed robbery, the Judge will be compelled to deny the bail. The Judge also analyzes if the accused person will be too dangerous to others once he has been released from jail through a bail bond 24 hours. Some of the factors that will be considered are the crime’s seriousness, violence, and severity. However, there is still a chance of pretrial release for felony crimes but expect a much higher bail amount than usual. 

3. If the person poses as a threat to the public

Although the defendant has the right to bail, the Judge has to deny it if the defendant poses risks to the public. Criminal cases like terrorism, mass murder, and other crime involving threats to the public must stay in jail during the trial. Additionally, defendants with mental illness who face violent charges won’t be allowed to be released from jail through bail.

4. If it’s a repeat offense

The purpose of bail is to give the defendant a chance to face the trial and still live an everyday life until proven guilty. But if the defendant has a bad criminal record or a repeat offender, the Judge may see it as an indicator that the defendant will not behave accordingly outside prison. Continuous misconduct, law violation, and other misbehavior would be enough ground for the Judge to deny the detainee’s bail. 

5. If the defendant has prior missed court records

Obviously, if the defendant previously missed court dates, it means that there is a high chance that he will do it in the future. Although there are valid reasons that the court can accept, it will be very difficult for the defense lawyer to prove that the accused person won’t do the same thing to the court. Appearing for all court hearings may be the essential part of the bail conditions that the defendant needs to follow while out on bail. 

6. If the defendant is not a U.S Citizen

It will still be difficult for the defense lawyer to prove to the court that the defendant won’t flee from the country if the defendant is not a U.S citizen. However, if the defendant has been arrested because of an immigration violation, the accused person can still avail immigration bail bonds 24 hours only if the Judge granted it. 

What the Defendant needs to do after the denial of bail

After the bail denial, the defendant must be sent back to jail. But the defendant can still wait for the next hearing to appeal for bail. Or, he can appeal to a higher court and be offered bail. This legal action can be successful only if there is an extenuating scenario to his release back into the community.

Setting the Bail

If the Judge orders to grant the defendant bail, then that’s the time wherein the Judge will need to set the bail amount. Aside from setting the bail amount, the Judge also needs to order the bail conditions for the defendant to follow.

Some bail conditions are as follows: 

  • Not allowed to make contact or communicate with the specified persons
  • Not allowed to go to a specific place
  • Need to live at the court-specified address
  • Need to follow curfew hours
  • Need to follow house arrest rules

As mentioned earlier, most courts utilize risk assessment tools to set the standard bail amount. And the bail algorithm processes the bail amount using factors such as the defendant’s age, criminal history, current criminal charge, and failure to appear records. 

Bail Arraignment Definition

Once the person has been arrested and booked to a detention facility, he/she can post bail right away if the charged crime is bailable. But if the defendant wants to lower the bail or wants to be released on their own recognizance, he/she can wait for his bail arraignment schedule. But in the meantime, the defendant needs to spend some jail time. 

During bail arraignment, significant events will occur related to the defendant’s charges.

  • The court will officially declare the crime which is being charged to the person.
  • The court will state that the defendant has the right to be presented by a lawyer.
  • The defendant will have the chance to take his/her plea.

CONCLUSION

Bail serves as an assurance that the defendant will face and show up to all court proceedings until the case solution. If the Judge finds that the defendant doesn’t deserve to be granted bail, he/she needs to sit in jail until trial. That’s why getting the right defense attorney and trusted bail bondsman are necessary to help you win the case. 

You may contact a reliable 24 hours bail bonds company, like Lucero’s Bail Bonds, which offers bail process assistance. Contact them 24/7 at 303-573-555.

By | 2021-02-25T12:42:05-07:00 March 1st, 2021|Bail Bonds, News|0 Comments

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