In most cases, people who have been arrested and accused of a crime have the right to be granted bail. The bail amount is then set based on the nature of the crime and the judge’s own discretion. Once the defendant posts this bail, he or she is set free with the expectation that he or she will comply with all of the conditions of the bail.
However, there are some cases in which a judge will deny entirely that defendant’s bail rights. Here are the most common reasons why this happens, as seen by a longtime bail bondsman in Angleton:
- Flight risk: If the judge believes the defendant has good reason to run or is likely to run upon being released from jail, he or she can deny bail. The judge will consider a wide variety of aspects of the defendant’s life when making the decision for this reason. A defendant is more likely to be considered a flight risk if he or she has no strong ties to the community in question, or has a demonstrated history of not appearing in court. These factors, combined with the possibility of a charge that could carry a long jail sentence, make a judge more likely to deny bail.
- Severe crime: In some cases, the crime is considered so severe or horrific that the amount at which bail would be set would be far more than the defendant could realistically afford. Crimes that could potentially warrant life imprisonment or the death penalty are also likely to result in bail being denied. A defendant is also less likely to show up for court when accused of crimes this severe. Therefore, the judge may consider it best to deny bail.
- On parole or probation: Defendants who have committed a crime while on parole or probation are likely to have a harder time securing bail. Judges will have less sympathy on these offenders, who have already failed to make the most of the second chance they were given after their initial offense. A repeat offender shows a lack of respect for the law, and therefore, judges are less likely to believe they will respect the law if they are allowed to post bail again.
- Threat to public safety: Judges can deny bail to defendants whom they believe are threats to the public if they are not kept in jail. This usually happens if the defendant has committed a violent crime, or a series of significant crimes.
Again, most defendants will have the right to post bail, but there are some special circumstances in which judges are allowed to deny defendants that right. If you have questions about how bail will work for your case, or if you ever need assistance in posting bail after being arrested for a crime, we strongly encourage you to reach out to a professional bail bondsman in Angleton. We are pleased to provide you with additional information and are here to assist you in your time of need.