7 Reasons A Judge Might Deny Bail
When you are arrested, your first instinct is to talk to a trusted bail officer to pay bail so that you can be released from custody. This can be a stressful experience, but with the right know-how you can navigate from start to finish. We advise and accompany clients on how to obtain bail during their detention. What happens if a judge refuses to grant bail? In some cases, a judge can refuse bail and remand someone.
1. The Seriousness of The Offense
The seriousness of the offence is an important factor in whether or not a judge grants you bail in your trial. Serious Offenses may include:
– Pre-Meditated Murder
You may not be eligible for bail if you have been charged with a criminal offence and have served the maximum sentence imposed by the judicial system. A client who has committed a previous offence and is on probation may find that the judge involved in his trial is refusing him bail. A judge will set bail that is so high that the defendant is unlikely to pay it, and a judge can refuse bail in cases where there is strong evidence against the defendant. If in doubt, talk to a trusted bail officer.
2. Repeat Offender
Those who are awaiting trial must show responsibility, and that includes attending court hearings. Make sure you attend all court hearings. Those who agree with the terms of their probation or probation and use their freedom to commit other crimes are in violation of the agreement and may be considered unreliable.
3. Failure to Appear In Court
Those who have not appeared in court in the past cannot be trusted by the judge, and those granted bail can be remanded in custody. Those released on bail must build confidence in the assurance that they will appear at their scheduled court dates.
4. Flight Risk
A person who has skipped bail in the past is considered a flight risk. A judge can refuse bail if he believes the defendant has not appeared in court or is likely to flee to avoid prosecution. The evidence presented to the court could show that the release of the accused would be too risky and that the person should be considered a flight risk. Those considered to be flight risks may find it difficult to travel to other states. In most cases, international travel is not permitted.
5. Not A US Citizen
Those accused of committing a crime who are not US citizens can be released on bail. The accused can be deported back to their country of origin, depending on the crime. In serious cases, the judge can set bail and ask the defendant to surrender his passport to the court in order to prevent him from leaving the US. Authorities are doing this to reduce the likelihood that the defendant will skip bail. Those residing in the US who are refused bail can be taken into custody by Immigration and Customs Enforcement (ICE).
6. Considered A Threat To The Public
A judge has the power to refuse bail if a suspect poses a threat to public safety or other suspects. In assessing the seriousness of the offence accused, a judge must take into account the impact on victims and the threat to victims and witnesses. Public safety should always come first. Dangerous criminals, serial killers and terrorists will not be released on bail unless the presiding judge considers them not a danger to the public. This is done to protect victims or witnesses.
7. Already Has A Warrant From Another Jurisdiction
A court may refuse bail in your case if: (1) there is an active warrant for your arrest in the jurisdiction, or (2) you have committed a crime and are free on bail. A judge has the power to either refuse bail or set bail or bail, and the court overseeing your trial will tell you whether it accepts the bail in cash or in full.
If you are in need of bail, we can work with the judicial system to ensure you are given the opportunity of bail. Contact Inmate Locator Service and get your loved one out on bail today!
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About The Bail Network
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