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When Can Courts Deny Bail?

Before we get started, let’s explain bail. Bail is a trade—of either property or money—with a court for releasing a defendant from jail in exchange for their return to court for trial. If the defendant doesn’t  appear on the scheduled court date, the bail will then be forfeited. That means you won’t get your money back—trust us, it’s not worth fleeing.

However, suspects fleeing or not appearing for their court date is uncommon. Fortunately, it’s common for bail money to be returned at the end of the trial—after the defendant makes each scheduled court appearance. Oh, and the money will be returned regardless of an innocent or guilty charge.

RELATED: Have an Active Warrant? Here’s How to Avoid Jail

Why Deny Bail?

There are actually several reasons a court or judge would deny bail for a defendant. Some of the most common reasons for denying bail are: numerous violations, prior escape from prison or detainment, or if the judge believes the suspect is a flight risk (and won’t appear in court).

After being arrested, a defendant remains in jail until a judge reviews the case and makes a decision on whether or not bail will be allowed (and what amount). Typically, the more severe the crime, the higher the bail amount. If in the case the judge decides that the suspect is a threat to society or a flight risk, they likely won’t be granted the possibility of bail.

SEE: 10 Ways to Have a Safe Police Encounter

What Do Judges Look For?

One of the first things a judge looks for when determining bail is: the nature of the crime, and the extent. More often than not, crimes already have a given range of bail amounts for the judge to consider. If the suspect is accused of a heinous murder, for example, the judge may lean towards not allowing bail—under normal circumstances, that is.

A judge may also deny bail if they believe the defendant is a flight risk. This is one of the reasons why it’s always a good idea for anyone accused of a crime to have an attorney. If bail is a possibility, the defendant will more likely be granted bail with an attorney present. When a defendant is represented by a legal professional who understands the law and is familiar with bail, the judge may lean towards leniency. However, if a judge does end up denying bail citing a flight risk, it’s usually because of a significant reason.

ABC Bail Bonds

Unless the extent of the crime shuts down any possibility of bail, the best thing to raise your chance of getting bail is to do what you can to assure the court, judge, your attorney, and the prosecuting attorney that you have every desire and intent to show up on your court date. The more confident a judge feels about your intention to return to court, the better your chances of being granted bail.

ABC Bail Bonds of Houston can bail you out of jail at any time of day. Regardless of the bond amount, we’ll come meet you at the jail faster than any other bondsman in Harris County. To learn more about what we can do for you, call us or visit our office today.

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