Common Reasons Why A Judge Will Deny Bail

After an arrest, a defendant has a right to bail. The reason why courts use bail is to ensure that the defendant will attend every hearing and doesn’t leave the state or country after they’ve been released from jail.

At the bail hearing, the defendant has an opportunity to convince the judge why they should be released on his/her own recognizance or to lower the bail amount. However, depending on the circumstances of the alleged crime, a judge has the power to deny bail entirely.

Common Reasons Why a Judge will Deny Bail:

• Severity of crime – If a person has been accused of a violent or sexually-charged felony offense, such as murder, armed robbery, rape, or child sexual assault, then a judge could rule that the seriousness of the alleged crime is extremely high and deem it would not be a good idea to have them safely return to the general public. The safety of the accused and the public’s safety could be in jeopardy.
• A threat to public safety – Bail is often given to individuals who aren’t perceived as a threat to public safety. Like mentioned above, if a person has been charged with a violent crime, then he/she would be considered a threat to public.
• Repeat offender – If a person has been convicted of multiple crimes, then they will have trouble trying to obtain bail. The main reason is because the individual is already a repeat offender means and obviously hasn’t learned from their past actions or mistakes. Any judge will be skeptical about a repeat offender’s bail request since the individual has proven to be constantly unreliable.
• Flight risk – When a person is granted bail, they are agreeing to stay in the area and appear in all of the court hearings. But if a judge believes that the defendant will use bail as an attempt to flee the country, then they can deny bail—especially if there is a record of the defendant previously attempting to flee in previous cases.
• Likelihood of missing court dates – Individuals who do not take the charges against them seriously typically miss their court dates. Not only does missing a court date make a person look bad, but it also shows that they are irresponsible. Since receiving bail is a privilege, a judge might not grant bail to someone who won’t show any effort to protect their rights and best interests.