Bail is essentially an agreement with the court by which defendants are released until their next hearing in exchange for a set amount of money or property of equal value. However, the court has the right to deny the based on certain factors related to the crime or the accused.
In this blog, we’ll the taking a look at the reasons behind judges denying defendants the right to bail.
The Severity of the Crime
One of the most common reasons for which the judge denies bail is based on the severity of the crime. If the accused is charged with a particularly violent crime such as rape, armed robbery, or murder, it can be pretty difficult to obtain bail. Crimes such as these make the accused a danger to society if they were to be released on bail.
A Risk of Fleeing from the Area
Granting bail means essentially trusting the defendant to stay within his or her limits and appear for the scheduled court hearings. However, if the judge suspects the defendant to flee the area or country in order to escape any legal repercussions, then the bail can be denied.
It’s difficult to know for certain whether the suspect will attempt to flee or not. People with numerous crimes to their record or a history of trying to flee from the authorities are strong signs of flight-risk.
Not Showing up to Court Hearings
Making it to the court hearings on time is the defendant’s responsibility and not doing so may result in forfeiting of the bail amount. Missing court hearings shows a lack of remorse and understanding regarding the severity of the crime and places the defendant in a bad light. It must be noted that being granted bail is strictly a privilege and not a right.
A person with jail time and repeated offenses to their name is going to face a tough time being granted bail. Jail time or any other legal consequence is given to the accused to teach them a lesson. By engaging in criminal behavior repeatedly, it shows that the accused isn’t learning any lesson and cannot be trusted easily.
Being a Threat to the Public
Serious crimes such as rape, murder, and armed robbery are clear indications that the accused is a threat to society. When granting bail, the judge considers the safety of the public and whether more people are likely to get harmed if the accused is released on bail. The higher the severity of the crime, the less likely the defendant is of being granted bail.
These are some of the reasons the defendant can be denied bail. For those looking for an in-depth look at how the federal criminal law functions in relation to bail, the Congressional Research Service report will prove useful.
Delaughter Bail Bonds is a bail bonds agency in Miami County that assists defendants in getting out of jail. The company takes a non-judgmental approach and strives hard to help their clients escape strict legal repercussions. Contact us today for more information.