Understanding the complex legal process that goes on at the time of the arrest to the time of sentencing can be confusing and overwhelming. By providing bail, the defendant can be released from detention with an agreement to appear in court at a later date. However, there are situations where the judge can refuse or reject bail outright. Although the circumstances of each individual will vary, there are many factors that the judge can consider to determine the amount of bail, or refuse it while leaving the defendant in prison. At ABC Bail Bonds, our team knows how important it is to have freedom when planning an upcoming trial, and bail is the only way to stay out of prison.
Bail allows the suspect to be released from prison instead of spending weeks or months behind bars so they can continue their daily life, returning to work and preparing for court. If you or a relative in custody asks for a hearing or bail, you tend to have lots of questions, how much money will be needed? Or what is the most common reason why judges reject bail? To answer these questions, we decided to take the time to clarify various reasons that bail could be denied.
The Severity of the Crime Matters
The severity of the criminal act is one of the biggest reasons a judge will have for denying bail. If someone is charged with a particularly violent crime, such as murder, rape, or armed robbery, it can be difficult for them to obtain bail. The judge could rule that the severity of the criminal act is far too high for them to be safely returned to the general populace before their trial.
A judge can impose a very high bail that the suspect may not be able to cover or reject bail completely in criminal cases where there is strong evidence against the suspect. Criminal charges include violence, sexual assault, espionage or murder. A person has no right to get bail if sentenced to death and the evidence of guilt is considered clear and convincing.
Being a Flight Risk is a Concern
Securing bail is a sign of trust by the courts. Typically, bail is issued on the expectation that the person will be sure to return for their upcoming court date. However, if the judge considers that the suspect is using bail to escape from the country, they have the right not to allow bail to be paid. It is important to keep in mind that this can be difficult to prove. Therefore a judge must apply his judgment correctly. Someone with a long criminal record and previous attempts to escape can certainly be seen as a flight risk.
A Threat to the Public
Bail applies to people who do not pose a threat to the community. Someone who is accused of a very cruel and / or anti-social crime can certainly be seen as a threat to society. This includes acts of terrorism. Judges must consider population safety when deciding on bail. If a judge believes strongly that bail threatens the safety of others, they have the absolute right to refuse it. Providing bail to someone who is seen as a threat can cause a significant public reaction.
Repeat Offenders
If you have been arrested on bail before, there is an expectation that you do not commit the same crime or other crimes because you have learned from your mistakes. However, if you are arrested again, it is clear that you have not used your freedom properly. Therefore, it is not possible to get bail, especially if the crimes are the same.
Contact ABC Bail Bonds in Houston, TX to Secure Bail Quickly!
If you or a loved one has been arrested, then the last thing you want is to spend any more time than necessary behind bars. Bail is the only way to secure a release once an arrest has been made, and before a trial date. At ABC Bail Bonds, our team of experienced bail bondsmen understands how important it is to handle bail quickly and efficiently to help our customers get back to the important business of their lives as quickly as possible. If you’ve got questions about bail, or you need help navigating the bail process, be sure to contact our team right away!
