Being arrested and charged with a criminal offense can result in jail time. For many people, pre-trial time spent in jail may be short, as bail is often granted.
Bail refers to the conditional release of a suspect. It usually involves a pledge of money or property. It is returned, minus court fees, once the defendant has attended all court hearings.
Nonetheless, bail is not guaranteed. There are several circumstances where the court may refuse to grant bail. Here are two factors that may result in bail being denied.
When the court deems the defendant to be a flight risk
Bail may be denied is if the court considers the suspect to be a flight risk. Essentially, this means they think there’s a high probability of the accused fleeing the state or country prior to their next court date.
An example of this may be if the accused has few ties to the United States. They may be a foreign national who is only in the United States for a short period. Someone may have historically spent extended periods outside of the state or country. They may also be considered a flight risk if they have missed court dates in the past.
When the defendant is considered a potential danger to society
The court will also consider the nature of the offense when deciding whether or not to grant bail. They need to determine whether or not the release of the accused poses a potential threat to public safety. For instance, those who have been accused of violent offenses, such as murder and armed robbery, may have a difficult time obtaining bail. Whether or not the accused is a repeat offender will also be taken into consideration.
Don’t assume that you or a loved one will be allowed to be granted bail. Having legal guidance will help you as you navigate the justice system.