Situations Where a Judge Can or Must Deny Bail

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Situations Where a Judge Can or Must Deny Bail

situations judge deny bail

In the majority of arrest cases where an individual is taken into custody, a judge will set a bail amount that allows them to be released for a monetary sum pending their return for trial. However, there are certain situations where the judge either can or is legally required to deny bail, keeping the individual in custody until their trial date.

At Beehive Bail Bonds, our expert bail bond agents are here to help with all areas related to this realm. We’ll assist you with procuring bail in any situation where it’s offered, even if the amounts are higher than expected, and we’ll also provide expertise and counseling in cases where bail has been denied. Here are some of the situations where bail either must be denied or might be denied by a judge.

Certain Felony Offenses

In certain felony cases, particularly those involving violence, sexual assault or espionage, it’s not uncommon to see judges deny bail – or, at the very least, set a bail amount that’s so high that almost no defendant could realistically post it, even through bond services. This is particularly true if the judge has reviewed the evidence in the case and finds it to be very strong against the defendant.

In addition, cases where the defendant is charged with a capital crime that carries a potential death sentence legally are not eligible for bail – so long as proof of guilt in the case is considered “clear and convincing” by the judge.

Flight Risk Considerations

The entire purpose of bail is to offer an additional incentive for defendants to appear in court for their scheduled dates – they can get their bail money back at this point, after all. But in cases where offenders have a history of not appearing in court or fleeing the state or country, the judge may deny bail. If someone has skipped bail before in the past, this is a likely outcome.

Multiple Prior Offenses

In addition, if the person in question is already on probation or parole, this often signals to the judge that they have broken the terms of their agreement and should be held without bail. Even if the offender has cleared probation or parole recently, the judge still might deny bail for multiple previous crimes committed.

Public Threat

In slightly rarer cases, the judge may deny bail if they decide that the defendant is a threat, either to the public or themselves. This is to protect both the public and any witnesses in the case who may be threatened.

Citizenship Concerns

Finally, in cases where the person charged with a crime is not a US citizen, bail will generally be denied by law. This is particularly true if there’s a credible belief that the individual is in the US illegally and without proper documentation. In certain extreme cases, such people may be deported back to their home country.

For more on situations where bail might be denied, or to learn about any of our bail bond services, speak to the staff at Beehive Bail Bonds today.

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