In most instances, receiving bail is a right afforded to a defendant when they are arrested and accused of a crime. A bail amount is set depending on the crime that was committed and based on the judge’s discretion. The defendant will then be set free with the expectation to comply with the conditions of their bail, including appearing to all court dates.
However, there are occasions when a judge can deny a defendant their right to bail. There can be several reasons for this refusal. We’ll discuss them throughout this article.
Flight Risk
A judge has the right to consider certain aspects of a defendant’s life when making the decision of whether or not to deny bail. If the defendant has no meaningful ties to the community, or has a history of not appearing for court and is facing a charge that can result in a long jail sentence, the judge may conclude the defendant has good reason to run. In this instance, the judge will consider denying bail to ensure the defendant shows up for court.
Accused of a Severe Crime
Some crimes are so horrific that the bail amount would be set at an amount that the defendant would more than likely not be able to afford, others could warrant the death sentence because of the nature of the crime. These are usually good enough factors to cause defendants to not show up for court, which will lead a judge to deny bail.
Out on Probation or Parole
For defendants who have committed a crime while they have been given the luxury of probation or parole, judges tend to have much less sympathy in offering bail. Repeat offenders show a lack of respect for the law, and hence denying their bail is a way to force them to acknowledge the restraints of the law.
Not a U.S. Citizen
In this instance, the judge must consider the fact that the defendant has no reason to appear in court while on American grounds. The severity of the crime will definitely play even more of a role when the defendant is not a U.S. citizen, and the judge will assess other aspects of the defendant’s life to determine if they deserve to be given bail bonds.
Pose a Threat to the Public
A judge may deny bail simply because the defendant poses too much of a threat to the public if they are not behind bars. The risk of allowing the defendant bail is far too great, and the nature of the crime insists that the defendant be locked up until the trial proceedings are complete.
Bail is typically an option that most defendants are afforded, but in the circumstances we’ve mentioned above, bail can be refused and the defendant remanded to jail for the duration of their trial. PCS Bail Bonds has taken part in countless bail bonds procedures over our 20 plus years in Fort Worth. If you have any questions at all about how bail bonds work, or if you know someone who has been denied bail, feel free to contact us anytime. We’ll be happy to give you the answers you’re looking for.