What Happens When Bail is Denied?

Bail was established as a way of allowing defendants to remain out of jail while they await their trial.  It not only helps alleviate prison overcrowding, but it also allows defendants to continue to work a job, provide for family, and be a productive member of society before they go on trial.     

How Bail Works

When a person has been arrested for a crime, he will have a bail hearing to determine whether or not the court will offer bail as an option.  Depending on the crime and criminal history, the defendant may be allowed to be released on his own recognizance which means he won’t have to pay bail but is still expected to show up for all upcoming court dates.  

If bail is set, the defendant will have to pay the full amount or arrange for a bond with a bail bond agent before being released from jail.

Why Bail May Be Denied

The court may decide that bail shouldn’t be allowed and the defendant will have to remain in jail until his court date.  There are many factors that go into this decision.

The Defendant is a Flight Risk

If the defendant has few ties to the community such as no family and no job, has a lot of money and resources, or has skipped out on bail before, the court may feel that it’s too much of a risk to let the defendant out of jail because it’s unlikely the defendant would show up in court if they did.  If the defendant is not a U.S. citizen, he would be considered a flight risk and may not only have bail denied, but he may be deported back to his country of origin.

The Crime was Severe

For crimes that are particularly violent and severe like murder, rape, assault, etc., the defendant will be denied bail because it would put people at risk if the defendant were released into society.  Severe crimes carry long sentences, life in prison without the possibility of parole, and even the death penalty, all of which decrease the likelihood that the defendant will show up for their trial.

The Defendant is a Repeat Offender

If the defendant is a repeat offender, the court  may assume that he will continue to commit crimes while out on bail and deny bail altogether.

The Defendant is on Parole or Probation

One of the conditions of being out on parole, probation, or bail is that the defendant doesn’t commit further crimes.  If the defendant does commit another crime, he will most likely have these privileges revoked and returned to jail.  

When Bail is Denied

If you’ve been arrested and denied bail, you will have to go to jail until your next trial date.  If you do not have a lawyer, this would be a good time to get one. A lawyer can help you appeal the bail decision to a higher court, and you can offer an argument with reasons why you are not a flight risk or a danger to society.  

If you plead or are found guilty, any time that you spent in jail awaiting trial will be credited to you as time served.  
At 1st Knight Bail Bonds, we can get you out of jail quickly after you’ve been arrested.  If a judge allows bail, we can help you. Our expert staff will work diligently to get you out of jail and back home where you belong.  Call us today at (727)538-7727.