Reasons Why Bail Could Be Denied

By January 22, 2021Bail Bonds, News
Reasons Why Bail Could Be Denied

Bail is an amount of money set by the Judge in exchange for temporary release while awaiting trial. Bail acts as a surety in which the defendant must attend all the court proceedings. Otherwise, the Denver jail bond will be forfeited, and the defendant will be sent back to jail. 

The defendant can post bail using cash, 24-hour bail bonds company, or property. In some cases, the defendant can be released from jail without posting bail. This type of bail is called Own Recognizance. However, this kind of release can only be done if the defendant is charged with a misdemeanor offense, has good criminal records, has a stable job, and other factors. 

Before a defendant can post a jail bond or be released from his Own Recognizance, the defendant needs to attend a bail arraignment first.

What is Bail Arraignment?

After a person got arrested and booked to a detention facility, the next step will be the bail arraignment. It is a court hearing wherein the Judge will set the bail amount and others such as bail conditions. 

It is also the time when the Court will formally charge the accused person. Typically, the Bail arraignment will consist of these events;

  • The Court declares the crime which is being charged to the accused person.
  • The Court tells the defendant that he has the right to be represented by a lawyer.
  • The defendant will plead guilty or not guilty to the Court.

How does the Judge Set Bail?

The Judge is responsible for setting the bail amount. Ideally, paying the bail amount should force the defendant to show up to all court hearings until the case resolution. Aside from setting the bail amount, the Judge will also create bail conditions that the defendant needs to follow. 

Along with other factors in setting bail, the Court uses math to come up with pretrial release decisions. It is called a risk assessment tool, which uses an algorithm that produces an objective and scientifically-based assessment. 

The bail algorithm’s relevant factors include the defendant’s age, current criminal charges, criminal history, and record of failing to appear.

Common Reasons for Bail Denial

Although the Judge uses a risk assessment tool for setting the bail amount, he has the authority to increase or lower the standard bail amount, or for some cases, deny the bail altogether if deemed necessary. In this situation, the defendant needs to be held in jail until their trial.

Here are some factors why the bail may get denied by the Judge.

  • Flight Risk

It is a term that is commonly used in the Court by describing a defendant who is likely to avoid criminal prosecution by fleeing the state or country. Deciding whether a person is a flight risk or not can be difficult to prove. That’s why during the arraignment, the Judge will be presented pieces of evidence regarding the defendant’s probability to show up in future court hearings. 

Some of the factors for being a flight risk can be the defendant’s previous record of trying to flee from the area, excessive funds, no stable job, or no ties in the community.

  • Severe Crimes

The Judge will often deny the bail bond if the defendant has been charged with a major crime such as murder, rape, or armed robbery. The Judge sees the defendant as too dangerous to live in a normal society before trial. However, it still depends on the severity, violence, and seriousness of the crime, whether the accused person will be granted bail or not. There’s also a chance to get pretrial release with felony crimes; however, expect a higher bail amount than usual. 

  • Threat to the Public

One of the Judge’s duties is to determine if the defendant poses a threat in the community before letting the accused person be released from jail. Suspects of terrorism, mass murder, and other public severe threats may not be allowed to post bail. Also, defendants who are mentally unstable charged with serious crimes can’t be sent out to jail until the case resolution. 

  • Repeat Offenses

Judges grant bail to a defendant because the Court trusts that the defendant will follow certain conditions and behave accordingly in society. However, there’s a high chance of bail denial if the defendant’s previous criminal record shows that the person has the habit of committing offenses and crimes. In that case, the Judge tends to discredit the defendant’s integrity to abide by bail conditions. It could be a red flag that the accused person is not learning his/her lessons, leading to denying bail during the bail arraignment. 

  • Missed Previous Court Dates

A defendant’s missed court date is a bad record that the Judge can use against the defendant during the bail hearing. It will be hard for the defense lawyer to argue that the defendant will appear at all court hearings if the accused person doesn’t have good behavior while out on bail. 

Additionally, most of the Judges are strict when it comes to punctuality inside the Courthouse. And being late can be considered a missed court appearance, leading to forfeiture of bail. 

  • Citizenship

If the accused offender is not a U.S Citizen, the defendant’s immigration status will be taken into consideration. The Court can see a non-U.S Citizen being a high flight risk who will flee from the country when set out on bail. However, if the defendant has been arrested due to immigration reasons, he can be released from jail through an immigration bail bond. It is still at the Judge’s discretion whether the foreigner offender will be granted bail or not. 

CONCLUSION

Keep in mind that being granted bail by the Court is a privilege and not a right. And while getting a great defense lawyer will help you win your case, hiring a professional bail bond agent, on the other hand, will ease the bail process for you. 

Call a trusted 24-hour bail bonds company that offers knowledge and expertise in the field of bail bonds. Red’s Anytime Bail Bonds is open 24 hours to provide bail bonds service for you. Contact them anytime at 303-623-2245.