There are certain circumstances in which a judge will not grant a defendant bail. One obvious reason would be if the defendant has previously breached the conditions of bail, making them less likely to be granted bail again.
A defendant shouldn’t automatically assume that they will get bail every time they appear in custody for a crime. Here are some examples of why a judge may deny bail:
Flight Risk
If a judge believes that a person is a flight risk, the judge can deny them bail. This generally happens when a person has committed a serious crime but has unlimited financial means or no ties to the community. Bail is denied to prevent the individual from skipping town. Other factors that a judge may consider a flight risk are:
- The length of the sentence you would serve if found guilty
- The strength of the evidence
- Past record of court appearances
Prosecutors must show that a person has no reason to stay around until trial in order to be granted a bail denial. It is also likely that a judge will set a high bail amount in order to prevent a defendant from fleeing.
Severity of the Crime
There are certain crimes, such as murder, rape and armed robbery, where a judge could rule that the severity of the criminal act is far too high for them to be safely returned to the general population before their trial. Because these crimes are more serious than less serious charges, bail is not offered and the defendant must be kept in custody until a jury trial determines their guilt or innocence.
Repeat Offense
Depending on the severity of the crime, most first-time defendants are granted bail; however, for repeat offenders, the situation may be different. A judge will consider a defendant’s past criminal history and often times, repeat offenders may face higher bail amounts or even be denied bail altogether. If the criminal history includes violent crimes and other felonies, it is more likely that a judge will deny bail.
Failing to Show in Court
If a defendant’s history includes failure to appear at court, bail can be refused. If a defendant has been granted bail in the past and has had a prior warrant for their arrest due to failure to appear for court, this can increase the odds that a judge will deny bail.
If you are approved for release on bond, look for a bondsman who has experience handling federal bail bonds. Keep your word and show up for your hearing, and that will make things go more smoothly.
We at Mercy Bail Bonds are here to provide you with excellent service and information when you need it. If you have any questions or wish to discuss how we at Mercy Bail Bonds can help, please feel free to contact our office at (727)856-7775. We will take the time to walk you through every step of this process and answer any questions you might have.