Posted on: 6 January 2019
When someone is arrested, it is common for a judge to determine how much their bail will be to be released from jail. If bail has been paid and the person is released early, they must return for their court hearing or risk losing their bail money. It's important to be aware that some situations can result in a judge not setting bail for someone that is arrested. Here are some of those reasons.
Reasons For Bail Denial
A judge is allowed to deny someone bail for several reasons. A common reason is if they feel like the person being released could be a threat to the local community. This could be due to the person being accused of committing a dangerous crime that they may commit again if released from jail.
If the person isn't a citizen of the United States, a judge may deny bail because they feel like the person will not return for their court date. They may go to their home country to escape and consequences of their arrest. In fact, a strong indication that the person is a flight risk could cause bail to be denied. This includes a record of not going to court, or being accused of a serious crime where there are large consequences.
A judge will give a reason for denying someone bail, and if it's not a reason that sound valid, you may be able to challenge it.
How to Appeal Bail Denial
If your friend or family member has been unfairly denied bail, there are some options. The person can remain locked up in jail until their court date, and if convicted of a crime, those days served in jail will be counted as part of whatever jail time they have been sentenced to. A judge may also rule that their punishment be limited to time already served and not require future jail time.
You can also make a formal request for the bail denial to be reviewed. It is best to work with a lawyer to take the proper legal steps to have the denial overturned, since each state has their own rules regarding the review of bail being denied.
If you do have a bail denial overturned, your next step will be to contact a local bail service, like First Choice Bail Bonds, so that you can get the money needed for the person's release from jail. They'll help walk you through the process of paying the bail and any associated premium that needs to be paid to get it.Share