Why Was Bail Denied?
If you have been suspected of committing a crime, then you may be arrested by the police and taken to the local jail. Once you have been arrested you will appear in front on a Magistrate. A magistrate is a civil officer or judge who administers the law, especially one who conducts a court that deals with minor offenses (i.e., petty crimes and traffic offenses). A magistrate helps to reduce the workload of a judge. The magistrate will determine the bail amount. Depending on the county that you were arrested in, there may be a set bail amount that relates to the nature of the crime. It also possible that you may have your bail denied. In other counties, it may depend on the magistrate’s discretion.
In more serious cases, there may have to be a bond hearing. A bond hearing is when a judge sets the terms and conditions of a defendant’s pre-trial release, including his or her bond amount, when the defendant has been arrested.
Charged With a Severe Crime
If you are considered a threat to society, because you have an assault charge, rape charge or murder, you can be denied a bail amount. A severe crime, is considered to be a crime that is violent and that has a victim. For example, shoplifting is a common crime, but it is not a violent crime, so bail is typically granted for this type of offense. On the other hand, crimes like murder or rape are violent crimes, and they leave victims behind. You are more likely to be denied bail with severe crimes due to the nature of the offense. When dealing with domestic assaults cases, there is typically a forty-eight-hour hold. Once you have served your forty-eight hours, then you are able to pay your bond amount and be released from jail.
Violation of Probation
Violating your probation or parole can also be a reason to be denied a bond. Probation is the release of an offender from detention, subject to a period of good behavior under supervision. Violation of probation is an offense that occurs when you break the terms and conditions of your probation. When you are out on probation or parole, the terms of your release state that you must stay out of trouble. A probation violation sentence may result in significant penalties, such as heavy fines, extended probation, jail time or more.
Examples of probation violation:
- Not appearing during a scheduled court appearance on a set date and time.
- Not reporting to your probation officer at the scheduled time or place.
- Not paying any required fines or restitution (to victims) as ordered by a court.
- Visiting certain people or places or traveling out of state without the permission of your probation officer.
- Possessing, using, or selling illegal drugs.
- Committing other crimes or offenses; and
- Getting arrested for another offense, regardless of whether criminal or not.
- Not completing community service. If you are sentenced to community service, you will be required to complete a set number of hours of service within a given time period. Failing to do so would constitute a probation violation.
- Not being employed. You could be required to obtain a job or enroll in school as a term of probation. If you fail to do so, you would be violating your probation.
You Are Considered a Flight Risk
Bail may also be denied because you may be considered a flight risk. If a judge believes a suspect will use bail to try and flee the country, they have the right to not grant it. This is especially relevant for immigrants who are not US citizens. ICE will sometimes get involved and put a hold on a defendant after they have been granted bond from a judge. ICE stands for Immigration and Customs Enforcement. Immigration and customs enforcement is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety.
Repeat Offender
Repeat offense, could also be the cause of being denied a bond. Someone who has repeatedly committed crimes will have a much more difficult time being granted bail. Repeated offenders suggest that they have not learned their lessons. Majority of judges will be skeptical to grant a bond because the person has proven that they can be trusted and may reoffend which could possibly mean putting the public in danger. A judge will consider that the defendant is does not hold accountability or responsibility for their actions.
If your loved one has been arrested and they have been denied bond, we still encourage you to reach out and we may be able to assist you with getting legal counsel to be able to assist you further.