What should you do if you’re denied bail? Most people would prefer to be at home while awaiting their next court date, rather than sitting in a jail cell. Unfortunately, not every judge will grant every defendant bail—even if they’re eligible for it. Here are the reasons this can happen and the steps to take if you’re denied bail.
Why is bail denied?
Bail could be denied for any number of reasons. Here are some of the most common:
- You’re a flight risk: People are granted bail when the court is reasonably sure they won’t skip out on their obligations. If you have the resources and means to get away, you may be deemed a flight risk and denied bail.
- You have a history of criminal behavior: Sometimes defendants already have a long history with the law. If your case is a repeat offense, judges are much less likely to grant bail.
- You’ve missed court dates: The point of bail is to ensure the defendant will come back for court dates, lest they lose their property or freedom. If you miss court dates, the judge can issue a bench warrant for your arrest and deny bail.
- The crime is severe: For some crimes, such as rape, murder and armed robbery, a judge may decide that the defendant is at risk of repeating the same crime. They may deny bail in an attempt to prevent this.
- You’re a danger to the public: Finally, if you’re deemed a danger to the public for any reason, a judge may deny bail to keep the public safe.
What to do next
If your bail is denied, the first thing you need to know is why. Depending on the court’s reasoning, an attorney may be able to persuade them to take a different approach. For example, if you “missed” a court date because you were in a car accident and showed up late, that’s a very different situation than someone who was denied bail for first-degree murder and other severe crimes.
The most important thing is to talk to your attorney. Your lawyer is the “expert” on your case, and will know whether it’s likely that you can appeal the decision. They will be able to tell you what the legal options may be (if any) and what the most likely outcome will be. Your lawyer may wish to gather extra information about the case, or present an explanation for any reasonable circumstances which the judge may take into consideration.
Ultimately, if you meet the qualifications for bail and can post the required amount, it should be granted. If bail is denied, make plans to talk to your attorney as soon as possible. Avoid arguing or becoming combative, especially in court. The goal is to show that you’re a responsible member of society—follow all of your lawyer’s instructions to give the court the right impression.
When you need help posting bail, be sure to reach out to Brazoria County Bail Bonds right away.