Are All Defendants Eligible for Bail?

Are All Defendants Eligible for Bail?

Defendants can rely on bail to secure their release from custody and return to everyday life. If you don’t have money to post the entire bail, a bail bondsman will provide it on your behalf. Although bail allows defendants to be free while awaiting trial, it’s not always guaranteed. Here are the circumstances under which a defendant might be ineligible for bail:

Flight Risk

When a defendant is in custody, it’s the role of the judge to determine if they’re eligible for bail. Judges examine the defendant’s probability of appearing for the hearing and trial. They grant bail if they believe the defendant is not a flight risk. The defendant may take longer to raise the set amount, prompting the involvement of a bail bondsman. This individual or company provides the required amount to assure the court that the defendant will appear for trial.

Some defendants can be potential flight risks, especially if they have a longstanding criminal record or have committed severe crimes. Such an individual may flee the town, state, or country and fail to appear in court. Your bail might be denied if background research proves that you’re a flight risk. 

Repeat Offenses

A defendant’s prior criminal history helps judges review their past bail applications and related offenses. If they discover you’ve committed a similar crime repeatedly, they may deny you bail. More than one arrest for a similar offense implies that the defendant has not learned from previous mistakes.

Judges believe such a defendant is more likely to repeat the same offense after being released on bail. A defendant’s eligibility for bail hinges on committing different crimes rather than repeat offenses. This doesn’t always mean you will get bail approval, particularly if you’ve committed more severe crimes. 

Threat to Society

Defendants might fail to get bail if they are considered threat to society or the general public. Once arrested, the court reviews the nature of your offense, criminal history, and your reputation. Having a poor reputation is a considered a red flag. Judges will consider a defendant’s bad reputation and may disapprove a bail application. They might also deny you bail if your criminal history shows that you’ve caused harm to other people. 

Threat statements made to people in the past, particularly witnesses, could also lead to bail disapproval. Judges can also use the nature of a defendant’s criminal offense to deny bail. Cases involving murder, rape, and armed robbery show that a defendant is dangerous. An individual who has committed such crimes might not be allowed to return to society, thus being ineligible for bail.

Failure to Adhere to Court Dates

A bail bondsman posting bail is a guarantee that the defendant will adhere to court dates. Failure to show up in court can lead to judges issuing an arrest warrant and revoking your bail. Judges will check the defendant’s record to see if they’ve failed to adhere to court dates in the past. Missing more than one appearance might reduce your chances of getting bail. 

Working with a Trusted Bail Bondsman

If the court approves the bail application, the defendant or loved ones should look for money to post bail. Since not everyone can raise the required amount, a bail bondsman can help. You’ll need to find a reliable bondsman to work with. Choose a bondsman who expedites the bail process to get the defendant out of custody. They should also provide an open line of communication throughout the day. Contact a bonding company today for reliable bail bond services.