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5 Reasons Why a Judge Might Deny Bail

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.

Conclusion

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!

9 Highest Bail Bonds in US History

Bail bonds depend on jurisdiction. For instance, seven states and Washington, D.C. do not have bail bonds agents.

Bail bonds depend on jurisdiction. For instance, seven states and Washington, D.C. do not have bail bonds agents.

Bail amounts depend on various factors. The severity of the crime(s) has the largest influence on cost with more serious crimes, like murder and drug possession, requiring more money than stalking or burglary. Other factors include age, criminal history, prior record of not appearing in court, and a flight risk. The more severe the charges and the more likely someone is to not show up, the higher the bail.

The following is a compilation of the 9 highest bail bonds in US history. Getting on this list was no easy task though. Former NASDAQ chairman Bernie Madoff and Canadian businessman Bernard Ebbers each had $10 million bails but did not make the list. So without further ado, let’s begin.

 

9) Suge Knight – $25 million

Who: Co-founder and former CEO of Death Row Records.

Crime: Voluntary manslaughter of Terry Carter in a fatal 2015 hit-and-run.

Outcome: Knight agreed to a plea agreement in which he would be sentenced to 28 years in state prison.

 

8) Michael Sorodsky – $33 million

Who: Bogus Brooklyn doctor specializing in holistic cancer treatments.

Crime: Raping a sedated patient and sexually molesting seven women during breast and gynecological exams.

Outcome: Sorodsky pled guilty to 20 charges and received six years in jail.

 

7) Tiffany Li – $66 million

Who: San Mateo County woman accused of murder.

Crime: Li was charged with murder and conspiring with two other defendants to kill her former boyfriend, Keith Green.

Outcome: TBD. Li’s trial has been delayed while she seeks treatment for stage three breast cancer.

 

6) Xue Lei (Shirley) Ji – $75 million

Who: Vice president of Goldenvale, Inc. and wife of Kening Ma.

Crime: One count of conspiracy, 33 counts of grand theft, six counts of money laundering, and 30 counts of possession of false certificates.

Outcome: Ji and her husband, Kening Ma, agreed to deals after importing motorcycles and ATVs with engines that failed to meet state emissions control laws and then selling them. Ji pled guilty to counts of grand theft and conspiracy to commit grand theft. She was sentenced to three years misdemeanor probation and to pay restitution to victims.

 

Bail must be reasonable. Thanks to the Eighth Amendment, Americans are protected from excessive bail amounts, as well as cruel and unusual punishments.

Bail must be reasonable. Thanks to the Eighth Amendment, Americans are protected from excessive bail amounts, as well as cruel and unusual punishments.

 

T4) Raj Rajaratnam – $100 million

Who: New York-based hedge fund manager

Crime: Insider trading

Outcome: Rajaratnam was found guilty on all 14 counts of conspiracy and securities fraud. He was sentenced to 11 years in prison and fined $150 million in civil and criminal penalties.

 

T4) Christopher Williams – $100 million

Who: Memphis-area carjacker

Crime: Williams was charged with second-degree murder, carjacking, aggravated robbery, and using a firearm to commit a felony.

Outcome: Williams was sentenced to life in prison. He currently has four other felony cases pending.

 

3) Kening Ma – $150 million

Who: President of Goldenvale, Inc. and husband of Shirley Ji.

Crime: One count of conspiracy, 33 counts of grand theft, six counts of money laundering, and 30 counts of possession of false certificates.

Outcome: Ma agreed to plead no contest to four counts of felony grand theft. He was ordered to three years felony probation to pay restitution to victims.

 

2) Michael Milken – $250 million

Who: American financier and philanthropist

Crime: 98 counts of racketeering and fraud.

Outcome: Milken pled guilty to six counts of securities and tax violations. He also agreed to pay $1.1 billion across three lawsuits and a lifetime ban from the securities industry. Milken would go on to serve 22 months in prison before being released in 1993.

 

1) Robert Durst – $3 billion

Who: American real estate heir

Crime: Accused of killing and dismembering his neighbor, Morris Black.

Outcome: A Texas appeals court lowered the bail to $450,000 and Durst was released the next day. He ultimately accepted a plea bargain and received five years in prison.

The Do’s and Don’ts While Out on Bail

If you have just been released on bail, it is more than likely that you have an abundance of burning questions. You appreciate the freedom of not being stuck in jail, but at the same time, you feel limited and uncertain of what you should and shouldn’t do. Being released on bail can afford you the opportunity to continue your life while awaiting trial. Nonetheless, many people feel that they are stuck in purgatory, unsure of what should be considered normal for them. Fortunately, we are here to answer some of those questions.

The Do’s

Try to maintain your regular routine. Going to work and keeping to a schedule can show that you are a productive member of society, which can really work to your benefit during the actual trial. Furthermore, working can keep you out of trouble and your mind busy from the stress that the impending trial can have on you.

While out on bail, be sure to keep your bail bondsman and attorney updated. Communication is key during this time and can help establish trust. Let them know if anything changes such as phone number, plans, addresses, and so on.

We also recommend that you spend as much time with your family as possible. Your loved ones will provide you with the support that you need during this difficult time. Also, once the trial starts, your time with them may be limited if it becomes a drawn-out legal process.

The Don’ts

Under no circumstance should you associate or hang out with bad influences. If you have a history of getting in trouble with a certain group of friends, it is best to avoid them as to focus on your own wellbeing. Furthermore, if they are involved in any illegal activities, it can put you at risk as well.

One of the biggest no-no’s during this time is skipping bail and missing your court date. This will reflect poorly on you and can lead to a warrant for your arrest.

Conclusion

Now that you know the do’s and don’ts during your release, keep them in mind and be sure to make good decisions. This time is critical and can ultimately play a huge part in the court’s decision. If you have any questions, contact your trusted bail bondsman.

Bailable VS Non-Bailable Offenses

Arrest and bail are things only a small percentage of us will thankfully ever have to experience. Be that as it may, it’s never a bad idea to know what to expect and arm yourself with knowledge should you or a loved one ever require a bail professional in your corner. One such understanding is the fact that some offenses are considered “un-bailable”. This means, just as the term implies, that those who commit these crimes won’t be afforded the luxury of posting bail and getting out of custody.

Of course, the justice system and all of its rules, regulations, and loopholes, can be confusing to say the very least. That’s where our team would like to help! Read on for a bit of an unpacking of what constitutes both bailable and non-bailable offenses and don’t be caught off guard the next time you or a loved one face incarceration.

Bailable Offenses

When someone commits a bailable offense, they can be detained by a police officer and held in custody until they can be brought before a court. In these cases, courts will typically determine that the arrested party can either post a personal bond, in which bail is not posted, but a promise is made to attend all necessary court dates, or file for a bail bond. Police officers in this scenario are able to grant bail if they feel it is in their detainee’s best interests to do so. They can even impose certain conditions onto the bail as well such as the forfeiting of a passport or the requirement of regular reports to the station.

In many cases, they can also require that a person stand in as a surety for the arrested part. A surety refers to when another person close to the arrested party promises to pay the court should the defendant not appear for their court dates.

Non-Bailable Offenses

In contrast to bailable crimes, non-bailable offenses ask the courts to determine whether they grant or deny the posting of bail as opposed to defaulting to the officer’s judgment. Crimes that negate the ability to post bail typically involve anything that can be punishable by death or imprisonment for life. In fact, if the defendant at any time has been charged with an offence punishable by death or life imprisonment or has faced two or more previous non-bailable offences, they can also forfeit their right to post bail.

These cases all seem to be played by ear depending on the individual crime, the defendant, their record, and a number of other variables. However, there are also some crimes that immediately withdraw the option to post bail regardless of what a superior officer or court official has to say. These include terrorism, rape, murder, attempted rape, and attempted murder. Those who post bail and commit another crime will also not be afforded the ability to post a second time.

Conclusion

Arrests and detainment can be sticky situations for more than one reason. Needless to say, knowing what to expect if you or a loved one face these unfortunate circumstances can save you quite a bit of trouble when reaching out for bail or even an attorney!

The Repercussions Surrounding Bail Forfeiture

While we have spoken plenty in the past about the rules and regulations surrounding bails including the situations that would call for one, we haven’t really taken the time to discuss what happens when you don’t hold up your end of the bargain.

This can be a bit of an uncomfortable topic to talk about, but we believe it’s important that our clients understand what happens when you fail to appear for your trial after being bailed out of jail. This is what’s called bail forfeiture, and it’s a serious offense when you don’t follow court orders.

The Bail Forfeiture Process

Once this happens, the judge will issue a bench warrant along with a determined forfeiture date that involves a forfeiture hearing. At this point and time, the defendant officially becomes a fugitive on the run, and it is up to the bail bondsman or whoever agreed to the terms of the bail bond, to find the defendant and return them to the court.

So long as they appear in court by the forfeiture date, then there is no bond forfeiture to speak of. On the other hand, if they do not appear, the entire bail amount will then be payable to the court.

Valid Reasons for Missing a Court Appearance

Of course, there are plenty of valid reasons why someone may miss their court date. Whether the defendant is out of town, they’re dealing with an emergency like a death in the family, or they never received the instructions regarding the appearance date, a defendant may have a legitimate reason for being truant. If this is the case, the court will more than likely end up canceling the forfeiture and decide on a new date instead.

How Things Go From Bad to Worse

However, if that same court ends up finding the defendant and they pose a flight risk, the defendant will be held in custody until their trial. It goes without saying that many cases involving bail forfeiture are due to nerves and anxieties being experienced by the defendant, but they may also be in contact with an attorney to assist them in the litigation process revolving around the amount in damages being requested by the bench warrant.

Along with the bail forfeiture, there are typically other charges and possibly even fines bundled with a failure to appear in court, the severity of which will depend on the original charges. For example, whether we’re talking about a misdemeanor or felony, whether the fugitive returns on their own accord or if they have been arrested.

Conclusion

As you can see from this article, bail forfeiture can have a huge impact on the outcome of a trial. Not only will this put the person associated with the bail process into financial risk, but the defendant can experience extra charges that result in additional jail time.

Take all of these aspects into strong consideration when you or the person acting on your behalf takes out a bail bond. So long as both sides hold up their end of the deal, then the entire process will be a smooth one!

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