Top Reasons for the Judge Denying You Bail If You Have Been Arrested

If the police have arrested you on any charge and put you in custody, you would not like to remain in jail till a court trial. The only way to seek pretrial release is to apply and obtain bail from the judge hearing your case. Even though the practice of awarding bail is well-established, defendants must never take it for granted that they will get bail.

What Is Bail?

Bail is the money in cash or a surety the defendant must post to secure release from custody until the trial takes place. The bail is a deterrent for the defendant not to fail to appear before the court on the appointed dates. The defendant can get the bail money back after the trial, regardless of whether he is guilty or innocent. The court forfeits the bail if the defendant fails to appear in court. There is no fixed cost to lift a bench warrant. According to the Child Support Services Division, the judge may issue a bench warrant if the person fails to appear in court despite a notice.

Top Considerations for the Judge Granting You Bail

For certain minor offenses, the arrested person can pay a pre-determined amount specified in the bail schedule to secure his release following his arrest. However, for other cases, the judge will set the bail amount and the release conditions after a hearing. The judge decides whether the defendant can get bail and the applicable bail amount by considering several factors. These include the type of crime, the risk of the defendant fleeing, and the chances of the defendant tampering with evidence or influencing witnesses. Additional considerations include his probability of resorting to violence or intimidation, the chances of his committing another crime, and community safety.

Why the Judge Can Deny You Bail

You should not take bail to be a right if the police arrest you. Granting bail is the discretion of the judge, and there are quite a few situations that may lead to bail refusal. These include:

Nature of the crime: Brutal crimes like murder, rape, armed robbery, etc., indicate that the defendant is likely too dangerous to return to society before trial.

Flight risk: If the defendant is likely to flee the country after getting bail.

Threat to society: If the judge decides the defendant is a societal threat or his reputation is not good.

Repeat offenses: A habitual offender for the same kind of crime is more likely to be denied bail; however, it depends on the kind of crime.

Non-adherence to court dates: If the judge discovers that the bail applicant does not have a good record of adhering to court dates, he will likely deny bail.

Disrespect to the court: Rude or aggressive behavior by the bail applicant during the bail hearing, even if the charge is minor, may lead to the judge refusing bail.

Conclusion 

It is clear that except for certain minor charges, the grant of bail is not automatic but depends on the discretion of the judge, who evaluates several factors before approving or denying bail.