No one wants to spend time behind bars, and being able to get out on bail is an important component of the criminal justice system. In many cases, a defendant can convince the judge to set a reasonable bail amount, and can sometimes even be released with no bail at all. However, there are cases in which securing bail is more of a challenge, or is simply not possible. The team at Free at Last Bail Bonds presents the following five circumstances as examples of why a court could deny your bail.
The Crime You Are Charged with is Severe
When an individual is facing criminal charges for a severe crime, the court may be reluctant to set a bail amount or may set an amount that is extremely high. This is true in cases such as espionage or murder, where a conviction could result in a death sentence. From the perspective of the court, a defendant facing this level of punishment has plenty of motivation to run and avoid their court date and is, therefore, a flight risk.
Violation of Probation of Parole
It should go without saying that if you are charged with a crime while you are in violation of probation or parole, the court is not likely to give you another chance to follow the rules. Violating the guidelines of probation or parole can be viewed as a lack of respect for the law, and judges are not always willing to let such actions go by allowing a defendant to avoid jail time by posting bail.
There is a Threat to Public Safety
If a defendant is accused of a particularly heinous crime or has a history of violent crime, the court must make a decision on bail that is in line with the responsibility to protect public safety. No judge wants to be on record as having allowed bail for an individual who then goes on to harm someone. Judges will take a close look at a defendant's criminal record when weighing whether or not to set a reasonable bail amount.
The Weight of the Evidence
In some cases, the prosecution is able to convince the judge that there is a strong likelihood that a conviction will be obtained. An example would be a robbery or sexual assault where there were multiple witnesses or video evidence. In such cases, the judge may be unwilling to release a defendant on bail, due to the high probability that the individual will ultimately be convicted and sentenced in the matter.
Matters of Citizenship
When a non-citizen is accused of a crime in the American criminal justice system, the court has an interest in making sure that the individual comes to their court date and follows the process to reach a verdict. If the defendant is a citizen of another nation, they could quickly leave the country and return home, where it can be challenging and costly to force a return and ensure that the case is heard in an American court.
For those who are facing criminal charges and can secure bail, it is important to contact the team at Free at Last Bail Bonds to discuss the available options.