Denied

5 Reasons a Judge can Deny Bail

If some has been arrested, it’s advisable to use a bail bonds agent who can help ensure their release from jail before their trial. However, this depends on being granted bail in the first place. Judges have the right to deny bail for arrested persons for multiple reasons.

Here are five reasons a judge can deny bail.

 

1. Crime severity

The severity of the criminal act is one of the biggest reasons a judge will have for denying bail. If someone is charged with a crime that is particularly violent, such as murder, rape, or armed robbery, it can be difficult for them to obtain bail. The judge could rule that the severity of the criminal act is far too high for them to be safely returned to the general populace before their trial.

2. Missing court dates

Those awaiting trial need to be responsible for making it to the pre-trial court dates. Someone who is not making it to court when they need to might have their bail denial. This indicates that they’re not taking things seriously enough and might not be counted on to show up to their own trial. Missing court dates puts a suspect in a particularly bad light. It makes them seem like they’re unable to exercise even the most basic levels of responsibility. Given that being granted bail is a privilege, not a right, a judge might look unfavorably upon someone who isn’t showing up to court when they need to.

3. Flight risk

Being granted bail means being granted trust. It’s made with the provision that the person is going to stay in the region and show up to their trial. However, if a judge believes a suspect will use bail to try and flee the country, they have the right to not grant it. This can be difficult to prove. So, a judge will have to use their discretion properly. Someone with a longstanding criminal record with previous instances of trying to flee could definitely be considered a flight risk.

4. Threat to the Public

Bail is given to people who aren’t going to pose any perceived threat to the public. One who is charged with a crime that’s particularly violent and/or antisocial could definitely be considered a threat to the public. This includes terroristic actions. A judge needs to keep the safety of the general populace in mind when deciding on bail. Should they deeply believe that giving someone bail would put the safety of others in jeopardy, they have the absolute right to deny it. Should bail be granted to someone who poses a threat, there could be a significant public outcry.

5. Repeat Offense

Someone who’s been convicted of crimes time and time again is going to have a much more difficult time being granted bail. Their habit of repeat offense will suggest that they’re not actually learning any lessons. Just about any judge will view their request for bail with skepticism because they’ve proven that they can’t be trusted easily. It might not seem fair to those who’ve been charged with crimes, but it was their responsibility to use their freedom wisely. Getting into more trouble shows a judge that they don’t understand what it means to be accountable for their actions.

It’s important to understand California’s Bail system, such as the abolishment of cash bail, which will go into practice in October 2019. California’s Bail system, along with reasons judges might have for bail denial, is important for everyone to know. Anyone can be charged with a crime and they need to understand the privilege of being granted bail.

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