In our court systems today, there are procedures and processes in place that may not always make sense to us. Our justice system is far from perfect and certain decisions might seem unfair or unjust in the light of what the defendant knows to be true about themselves.
When a person is denied bail, it can be an incredibly difficult thing to deal with. They’ve been arrested, processed, jailed, and as if those events aren’t tough enough, if they are not granted bail, they may find themselves at an all-time low. Simply because a person is granted a bail hearing, they are never guaranteed bail. Unfortunately, there are a number of reasons for a person’s bail being denied and in this blog, we’re going to explore some of the most common.
Mistakes can happen. Someone can make bad choices that they regret or simply be in the wrong place at the wrong time, but these mistakes are often magnified when they’re already on parole or probation. One of the most common reasons one might be denied bail is if the detainee was already on probation or parole for another crime when the crime in question was committed. Because of the “repeat offender” persona that this gives an individual, a pre-existing probation or parole can cause the decision of bail to be unfavorable for the detainee.
Whether a person believes themselves to be a flight risk or not, if the court sees the potential of their fleeing the area, state, or country, they may be deemed a flight risk and, thus, denied bail. An individual being seen as a flight risk is one of the most common reasons for them to be denied bail. When an individual is released to appear in court at a later date, there is a certain amount of trust given them. If a judge feels that there isn’t sufficient enough cause to trust someone to appear for their court date, they will likely be denied bail.
Intensity of Crime Committed
As a defendant, someone can do everything they can to try and avoid a worse punishment, but they may be denied bail due to the severity of the criminal act that was committed. They might show up to everything with a contrite attitude and express deep sorrow in their choices, but if their judge sees their crime as severe, they may be denied bail.
Not a U.S Citizen
Due to the specifications of certain immigration laws, if an individual isn’t a U.S citizen, they may be denied bail outright on that basis alone. Additionally, if it seems possible that they will flee to their home country to try and avoid detention, bail may be denied. There might also be situations in which a person who isn’t an American citizen may be deported back to their home country to be placed in the hands of the governing authorities there.
Threat To The Public
When it comes to the safety of the general public, most court officials will put their well-being above the defendant’s comfort. For certain criminals, such as serial killers and repeat offenders, the judge might not even want to take a chance on granting bail. To many judges, setting a dangerous defendant free is simply not worth the risk of an innocent being harmed.
Though this list is far from exhaustive, here are a few more reasons why an individual might not be granted bail:
- The attitude of the defendant at the hearing
- If the defendant has a history of missing court dates
- If the person is an unsupervised individual with mental delays
- If the judge is told by a credible source that the individual will not appear
Being incarcerated is traumatic enough; being denied bail may feel like the straw that broke the camel’s back but it’s important that anyone in this position doesn’t lose hope. With the support of their friends, family, and others, they can stay strong with the knowledge that incarceration isn’t the end. Want to take some important steps before your bail hearing? Consider talking to a bail bondsman.
If you’re in the Waco area, consider giving us a call! At Kocian Bail Bonds, we believe in helping our clients as thoroughly as possible. We understand the hardships that come with going to jail, and our team is here to be most helpful and understanding to any situation under any circumstance. Contact us today!