Troy's Bail Bonds

#1 Rated Bail Bondsman

Tag: judge

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!

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!

How Attorney Referral Services Work

If you are stuck in a legal bind, finding the right lawyer who will represent you in court can be difficult and certainly overwhelming. In most situations, people use attorney referral services as a strong starting point for them to find the right person to take charge of their case. With this in mind, we would like to explain how exactly this works and why so many have come to rely on this program!

How to Find Attorneys for Your Specific Case

There are some referral services out there who are linked to specific areas of practices or a certain community. If you happen to have a specific concern related to any of these organizations, you may want to talk with the referral service ahead of time to avoid any conflicts.

Attorney referral services are a commonly used avenue for persons who need legal aid. However, these programs may involve one or more fees during the process. For example, a typical service will charge you a small fee when you are connected with an attorney.

We should also point out that the attorney you choose will typically charge a fee for the initial consultation and your ongoing attorney-client relationship, so you certainly want to keep that in mind. It goes without saying you will know all this ahead of time before making your final decision.

The Pros and Cons of Attorney Referral Services

Now we get to the point where you want to weigh your options. Lawyers who are participating in an attorney referral service must be certified by the state bar and the American Bar Association. In this case, since our business is located in Louisiana, they must have good standing with the Louisiana State Bar Association.

At the same time, you usually don’t have the option of pre-screening attorneys with most referral programs as your choices may be limited to those who choose to associate with this service. This is particularly true for county-specific referral programs, but you can depend on their own screening procedures.

As with any attorney referral service, it is your choice whether to retain the attorney to whom you have been referred to. However, if you don’t feel that your chosen attorney provides satisfactory legal advice or representation, you are more than free to search for another attorney that does.

Conclusion

It is important for you to take the time to make an educated decision about the right attorney to represent you. After all, your legal issue is important to you, so you should be confident when you head into the courtroom that you have someone who has your back at every step in the process.

Of course, we recommend speaking with the business who connects you with the attorney referral service so you are fully informed. That way, you don’t feel overwhelmed during this delicate period. In the meantime, do you have any thoughts or questions regarding the use of this program? Be sure to share them in the comments section below!

© 2020 Troy’s Bail Bonds

Theme by Anders NorenUp ↑