A person charged with a criminal offence can often post bail or obtain a bail bond to get out of jail. However, some people are denied when they try to appeal for it. When this happens, the person remains in jail and must wait there until the next hearing, where they can try to appeal again. It is up to the judge whether they allow a person to post bail, but why might a judge deny it? This blog will go over five reasons why a judge would forbid someone from obtaining bail.
The Person is a Repeat Offender
Judges have little sympathy for repeat offenders who are on parole or probation for a prior offence; this is because they have violated the agreement and abused their freedom by committing yet another crime. Repeat violations tell the judge that the person has not learned their lesson and doesn’t understand what it means to be held accountable for their actions. It breaks trust because it makes the judge think that they will go back out into society to cause more harm and commit more offences.
The Person is a Flight Risk
A person will be denied bail if they are deemed a “flight risk.” This means that the person has a history of missing court dates, skipping bail, or running away to avoid prosecution. If it’s too risky, a judge will likely deny bail in order to keep them in jail and prevent them from fleeing and avoiding punishment. If a judge grants bail, they give their trust. If one cannot be trusted to stay in the area and show up to trial, they will not be granted bail.
The Person is a Non-US Citizen
Non-US citizens are not granted bail. If a person is thought to be in the U.S. illegally without the proper documentation, they will be denied bail and retained with ICE (Immigration and Customs Enforcement). If the crime was severe, the person may be deported back to their home country.
The Person is a Threat to the Public
A person will not be granted bail if they are deemed to be a threat to themselves or others. A judge’s goal is to protect the general populace, so repeat offenders, terrorists, mass shooters, and murderers are denied bail to keep them away from others and prevent further crimes from occurring. If a person shows signs of instability, violence, or aggression towards others, a judge will want to keep them in prison. Bail is never given to someone who could put the lives and safety of others in jeopardy.
The Crime Was Severe
Criminals have a higher chance of getting bail if the crime they committed was less serious. Crimes like manslaughter, rape, armed robbery, and murder are considered severe, and are likely to result in life in prison or the death penalty, unless that person is otherwise proven innocent. In these cases, the judge will usually post an enormously high bail amount if the defendant isn’t likely going to be released, or deny bail altogether if there is strong evidence against the defendant.
For some, bail is not an option and they are forced to complete their full prison sentence. For others, bail is a viable method to get out of jail sooner than later. If you are eligible for bail, call Troy’s Bail Bonds for a free consultation! We have affordable, 24-hour bail bonds whenever you need it. We’re here to help you or a loved one get out of jail quick!