Bail is a trade of money or property with a court for the release of a suspect from jail in exchange for the suspect returning for trial. If the suspect fails to show at the scheduled court date, the bail is forfeited. In some instances, if the suspect upholds his commit to attend all scheduled court dates, the bail money may be returned. The suspect will receive his bail funds or property regardless of whether he's found innocent or guilty.
Reasons Bail Might Be Denied
The most common reasons for denying bail include multiple penal code violations, prior escape from prison, and the judge believing the suspect is a flight risk and will not show up for scheduled court dates. Once a suspect has been arrested and escorted to jail, a judge will review the case and determine whether or not the bail will be allowed, and if so, the amount of the bail. Typically the more severe the alleged crime, the higher the bail figure. If the judge deems the suspect a flight risk or a threat to society, most likely he'll deny the bail.
When the judge is determining the bail, he'll consider the nature and extent of the crime. Generally crimes have a pre-set range of bail amounts, which is referred to as the assumptive bail rate. The judge uses this range as a baseline. If the suspect is accused of murder, the judge may override the normal bail circumstances and deny the bail.
The judge also places a high priority on the likelihood of the suspect to show up for scheduled court dates. The following red flags may lead a judge to believe the defendant won't appear in court if granted bail.
- A credible source has informed the judge or court the defendant won't appear.
- The defendant has a past history of skipping court dates.
- The defendant is not a U.S. citizen and may return to his home country.
- The crime is of a severe nature.
If you've been accused of a crime, hire an attorney. Stockard, Johnston, Brown & Netardus, P.C. in Amarillo, Texas helps clients understand why they were denied bail and then work with them closely to obtain bail or an appropriate alternative solution. Contact us today to learn more about our services.