Why are some prisoners not even given a chance to post bail when others seem to receive it so easy? The bail process can be very confusing and frustrating to go through. Knowing your chances of receiving bail can help to ease your anxiety. The rest of this article goes over the reasons why a judge might deny bail, helping you prepare yourself mentally in case these reasons apply to you.
When the judge grants you the opportunity to be released from jail if you pay a fee as a promise to show up for your court hearing, that fee is called bail. A bail bond is a medium for paying the bail, by hiring a bail bondsman to cover the fee for you. It gives you the chance to be released from jail instead of spending weeks or even months behind bars awaiting your trial. You can get a bail bond from a local bondsman or agency. However, there are situations where the judge chooses to or is required to deny bail altogether.
Protecting against flight is the purpose of requiring the accused to pay bail. Sometimes this fee isn’t enough protection and those who are considered to be a flight risk will not be given a chance for bail at all. The judge will deem a prisoner as a flight risk if they feel like the person is likely to flee prosecution or leave the country. To be seen as a flight risk you might be charged with a felony, be a non US citizen, have a criminal record, be a repeat offender, and have the financial capabilities of leaving and reestablishing yourself elsewhere.
A man who's convicted of a felony might either be given a remarkably high bail amount or be denied bail altogether. This would be because he is considered a threat to the people around him or his community. There are a variety of criminal types who are convicted of felonies, ranging from violent to white collar criminals. Those who committed violent crimes are more likely to be denied bail than white collar criminals because white collar criminals are probably not a physical threat. Those committing crimes worthy of the death sentence are almost guaranteed to be denied bail. How likely the defendant is to be guilty or the amount of evidence pointing towards them can add to the likelihood of ‘no bond’ or no option of bail.
A felony charge is when a man or woman is convicted of criminal activities involving violence, kidnapping, rape/sexual assault, fraud, or murder. It is considered to be the most serious type of crime and a prisoner convicted of this is usually sentenced anywhere from 5 years or more to life without parole, or even the death sentence.
A Non-U.S citizen or illegal immigrant, accused of a crime, may not have the opportunity for bail even if they came to the U.S. legally. This is because they likely have the means to relocate as they did it before to get into the United States. It’s possible that they could even be detained for an indefinite amount of time. But if they are held for longer than 6 months then the judge will need to provide proof that they are justified in keeping them detained.
Someone who has repeated the crime they were previously imprisoned for will not have the chance for bail because they are likely to continue repeating the crime if let out on bail. Anyone with a criminal record loses credibility when it comes to being a flight risk. If they cannot be trusted to obey the law, how can they be trusted to show up to be prosecuted?
Judges realize that defendants with a large financial pool to draw from can easily pick up and move, leaving the judge high and dry. Although having the monetary capability of doing so does not mean they will, some judges would rather be safe than sorry, and not give the person the opportunity to run by forbidding bail.
These are the top reasons why a judge would deny bail, but they aren’t the only one. A judge can deny bail as he sees fit, no matter the allegations. As long as he feels that releasing the convict will pose a threat to the people he doesn’t have to allow them the option for bail. Furthermore, those with psychological or mental problems that render them independable, will likely receive no bail. If you found this article to be helpful, you might be interested in our other articles. To read more you can visit our blog.
If you need a professional bail bond agency to help you or a family member get out of jail Sportsmans Bail Bonds can assist you! Don’t worry or stress, just give us a call at 801-623-6877 or contact us online.