Can Bail Be Denied in a Criminal Case?

Finance & Money Blog

In most cases, when a person is arrested, a judge sets a bail amount. After the bail is paid, the defendant is released until his or her court date. However, there are some instances when the judge might refuse to set a bail amount. If your loved one was arrested and the bail was denied, here is what you need to know. 

Why Was the Bail Denied?

There are various reasons a judge might choose to deny bail. For instance, the judge might feel that the defendant could be too dangerous to be allowed back into the community. Other reasons bail could be denied include these:

  • Citizenship. If the defendant is not a US citizen or does not have legal residency status, the judge might believe it is possible that he or she will return home before the court hearing.
  • Flight risk. When a defendant has a history of not showing up for court dates or fleeing law enforcement, establishing enough credibility to be granted bail could be difficult.
  • Seriousness of the crime. Crimes such as murder are more serious in nature and increase the chances of a defendant fleeing before the court date. 

At the time that bail is denied, the judge should specifically state why he or she made the decision to keep your loved one in jail. The reasoning for the denial has to be legally sound. 

What Can Your Loved One Do?

In the event that your loved one is denied bail, he or she has a couple of options. The obvious option is to remain in jail until the court date. If he or she is found guilty of the crime, the days spent in jail prior to the conviction will count toward any jail or prison time awarded. 

For instance, if your loved one was in jail for three months before conviction, he or she would be credited with having already served three months of the sentence. 

The other option is to ask for a bail review. The judge's decision regarding the bail has to be final. The decision is not necessarily final when the judge denies the bail. When it is final depends on the state in which your loved one is incarcerated. For example, in some states, the bail is closely connected to the court hearing for the charge the defendant faces. The judge's bail decision is not considered to be final until the fate of the criminal case has been determined. If that is the case in your loved one's state, he or she might not be able to ask for a bail review. 

For further information about appearance bonds, contact an establishment that offers them in your area.


17 May 2016

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