Your first instinct should be to speak to a trusted bail bondsman before paying bail so you can be released from custody if you are under arrest. There are times when a judge denies the freedom to post bail. Since a judge will deny bail and remand someone in custody, we at Ajua Bail Bonds would like to list a few of the most common reasons.
What Factors Influence Bail Decisions?
1) Severity of the Crime. A major factor in whether the judge in your court case will grant or deny you bail is the seriousness of an offense. If you are involved in capital crimes, it unlikely a judge will grant you bail, and below are some of the most serious crimes someone could be accused of.
– Pre-meditated murder
In cases involving felony charges where there is very strong evidence against a defendant, a judge could set a figure for bail so large that a defendant is unlikely to pay, or they could totally deny bail. If you are charged with an offense that could be served with the maximum punishment available to state prosecutors, you may not be able to secure bail.
2) Repetitious Offenses. The judge involved in their legal process denying them bail for those that have committed previous offenses, on probation or parole. As they will be seen as unreliable, people who have agreed to the terms of their probation or parole and then uses their freedom to commit other offenses would be in violation of that agreement.
3) Court Appearance Failure. The assurance that anyone granted bail will appear at their next scheduled court appearance and granting bail is built on trust. Judge is likely not to trust anyone with a history of failing to appear in court and deny bail and be remanded in custody.
4) Flight Risk. When travelling to other states or internationally, anyone thought to be a flight risk could face difficulties. If they believe a defendant will fail to appear in court or is likely to abscond to avoid prosecution, a judge could deny bail. A person considered a flight risk is when evidence is presented to a court which shows releasing an accused person is too risky. Those considered a flight risk are people who has a history of skipping bail. International travel is not allowed in most cases. Also in most cases, a judge setting bail may require the defendant hand over their passport to the court to stop them from leaving the US.
5) Not a U.S. Citizen. They could be refused bail when someone who is charged with committing a crime and is not a US citizen. Individuals residing in the US illegally could be denied bail and then held under the custody of Immigration and Customs Enforcement (ICE). Depending on the offense, the accused could even be deported to their country of origin.
6) Believed to be a Public Safety. If a defendant poses a threat to the public safety of others, or to themselves, the judge has the power to deny bail. As the judge presiding over their case will deem them to be extremely likely to pose a threat to the public, the dangerous criminals like serial killers or terrorists are not going to be granted bail. To protect victims and witnesses, this is also done. The judge or magistrate must consider the list below according to the California Penal Code says in setting, reducing, or denying bail.
– Protection of the public
– The offense charged
– The defendant’s previous criminal record of
– The probability of defendant’s appearing at trial or hearing of the case.
7) Other Jurisdictions of Arrest Warrants. If another jurisdiction has an active arrest warrant, or a hold on you, or you commit another crime while out on bail, the court is likely to deny bail in your case.