The principle tenet of criminal justice is to uphold the rights of incarcerated individuals are not violated. Denying bail outright is not usual unless under certain circumstances.
Violent crimes, also known as felonies cannot have bail posted for them. Murder charges and drug-related cases top this list. Other crimes in this list include rape and arson. Cases of misdemeanor and infractions cannot be bailed too. But it is usually up to the judge to decide whether to grant bail or not. Judges usually consider the nature and circumstances of the crime. They will also consider the possibility of the defendant committing the crime again while out on bail. The bail mainly serves three purposes.
Purpose of the bail
- To ensure defendant honors court dates
- Prevent the possibility of the defendant committing the crime again or threatening the defendant and the witnesses.
- Maintain dependability and ensure truthfulness to the court processes is honored.
The judge may use his jurisdiction in granting or denying bail. The bail usually comes with conditions that the defendant must fulfill. Through your attorney, you may find out if you qualify for the bail and secure your freedom. Remember one may also appeal a bail denial. You may hire a professional attorney to file the appeal.
A high percentage of all criminal case qualify for bail
Though for serious criminal offenses, the judge may set the bail amount very high, one still can get the opportunity to post bail. The criminal record of the defendant and flight risk influences the judge’s decision. In such instances, one may seek help from a bail bond company to provide surety.
The bail reform laws state clearly that a judge can only deny bail depending on the danger the accused may cause on release.