What Makes Someone A Flight Risk?

What Is A Flight Risk?

The meaning of flight risk is someone who might run away so they can’ be prosecuted. The court takes into account many aspects and variables in a person's life when deciding whether or not they are a flight risk. This then goes into determining how high the bail should be. It can also ultimately determine if the bail is denied completely.

It’s important that the defendant knows what constitutes being a flight risk in order to avoid appearing like one during their bail hearing. Come to court prepared with evidence that proves you are dependable, and you’ll have the best chance for a possible recognizance bond.

Factors That Determine Flight Risk

• Nature of the Crime and Severity: Crimes involving severe punishments, like life imprisonment or the death penalty, increase the chance of being considered a flight risk because the defendant would rather run away than face such consequences.

• Community and Family Ties: If the defendant has “no roots,” or no connections with the community they live in or any family within the community, they appear to have less reason to stay.

• Employment Status: Without a stable job to keep someone grounded, there’s also less motivation for someone to stay in the area.

• Previous Court Appearances: If a person has a history of showing up for court dates, it builds trust. On the other hand, failing to appear in court in the past makes someone more likely to be seen as a flight risk.

• Criminal Record: If you are a re-offender, or have a lengthy criminal record, it’s probable the judge will look no further and deny bail, as you are considered a threat to the community.

• Financial Resources: People with significant financial resources may be seen as more likely to flee. Having money can make it easier to relocate and avoid prosecution.

• Residency: If the defendant is not from the area in which they were arrested, it is not assumed that they will stick around.

• Psychological Factors: Courts may order psychological evaluations if the defendant’s psychological state is in question. Negative results may result in higher or denied bail.

Legal Implications Of Being Considered A Flight Risk

If someone is seen as a flight risk, the judge might set a higher bail amount or deny bail altogether. Here’s how it works:

Violent crime + no flight risk tendencies = higher bail or bail denied

Non-violent crime + flight risk tendencies = higher bail or bail denied

Flight risk doesn’t mean you will automatically be denied bail. That’s the point of bail, to make certain that the defendant shows up to their trial. Think about it, if you have to pay a large fine to release yourself, and in order to get that money back you must attend court, you will probably attend court. Unless of course, the crime was violent with heavy repercussions that no bail money could persuade you to be tried for. In those instances, the judge offers “no bond,” or in other words, bail is denied, giving you no opportunity to escape. 

Alternate Ways To Prevent Flight

• Travel Restrictions/House arrest: Limiting where the accused can go.

• Electronic Monitoring: Requiring the defendant to use devices that track their movements.

• Frequent Check-Ins: Requiring the suspect to check in with authorities regularly.  

If you were considered a flight risk or offered no bond in any previous case, it is almost certain that the current judge will rule the same.

Strategies for Proving Non-Flight Risk

While there’s not much you can do about your financial situation, or your past attendance and criminal record, you can provide proof that you’ve reformed by providing the right documentation, witnesses, or a personal written statement.

• Strong Community and family ties: Probably the most persuasive proof is having responsibilities in your community or family. Those with such ties have more reason to stay. Proof of this can be in photos, affidavits from family/community members, memberships in local organizations, testimonies from community members, etc.

• Employment/schooling: Attending school or having a steady job is another sign that you will stay. You can provide school transcripts, an employment contract, or pay stubs.

• Compliance: Handing over your passport, providing a permanent address, and respectfully following court rules show that you are trustworthy. 

Speaking with your lawyer beforehand and involving them in gathering proof is a sure way to show up to your trial fully prepared. Your lawyer can then petition for your reliability during the bail hearing.

What To Do If You Are Considered A Flight Risk

If you are deemed a flight risk, and the judge posts no bail. There’s not a lot you can do, besides remaining compliant and staying in touch with your lawyer. If the judge posts a high bail, you have a few options, scrape up the money to get bailed out of jail, or if you can’t afford the bail, hire a bail bondsman to bail you out.

Understanding the meaning of flight risk is essential for anyone facing charges, as it directly impacts bail decisions. By presenting clear evidence of non-flighty behavior and motivations to keep you stationary, defendants can significantly improve their chances of being granted bail. Prepare thoroughly for your bail hearing with the help of legal guidance to demonstrate reliability and reduce the perception of flight risk. And don’t skip court!