If you or a loved one are facing criminal charges, you may need to contact a bail bonds agent to secure the necessary funds to be released from jail. However, at the bail hearing, the bond may be denied by the judge, which will result in the defendant remaining in jail until the court hearing. Why do judges deny bail? Keep reading to learn some of the most common reasons why bail is often denied by judges.
The Crime That the Defendant Is Facing Is Very Serious in Nature
Defendants in the United States are considered innocent until they are proven guilty. As a general rule, defendants have the right to be released on their own recognizance or on bail. However, in many instances, there are exceptions to this particular rule. Bail can be refused if the judge believes that the defendant could be a danger to the general public. Usually, the judge will take the crime that the defendant is being charged for into consideration, and if this crime is particularly serious in nature, the defendant is likely to be held in jail until the court date, and bail will be denied. Some serious crimes that may result in bail being denied include crimes that involve minors or dangerous weapons, violent crimes, and crimes that may result in a life sentence.
The Judge Views the Defendant as a Flight Risk
When the judge believes that the defendant may be a flight risk, then there is a good chance that the judge will deny the bail. A defendant is generally considered a flight risk in the following situations:
- The defendant committed a felony that may result in a long or life prison sentence.
- The defendant has the financial assets to leave the country.
- The defendant has a history of failing to respect the bail conditions set forth by the court.
- The defendant lacks ties to friends, family, and/or the community.
The Defendant Is Not a U.S. Citizen
If the defendant is not a United States citizen and is instead within the country illegally, bail is likely to be denied immediately by the judge. In addition, the judge is obligated to get in touch with the United States Immigration and Customers Enforcement Agency. With that all being said, it is important for defendants who find themselves in this particular situation to understand that there may be additional charges added and/or they may end up facing deportation.
If you or a loved one has been arrested and has a bail hearing coming up, get in touch with a bail bond agent in your area for help.