Understanding the rigid legal process from the time of arrest to the time of sentencing can be confusing and overwhelming. Posting bail allows the accused person to be released from custody, with a promise to show up to their court hearings. However, there are a few situations in which the judge can or must deny bail. While each individual’s circumstances differ, there are many factors that the judge will weigh to set the bail amount or deny bail to keep an accused person in jail pending trial.
A bail bond allows an accused individual to be released from jail and avoid spending weeks or months behind bars and resume their daily lives, return to work and prepare their legal defense. If you or a loved one is in custody awaiting a bail hearing or arraignment, you probably have many questions like, what amount will the judge set bail at? Or, what are the common reasons a judge might deny bail?
The professional bail bond agents at nelson bail Bonds in fl understand that this is a difficult time for you and your family. We are available 24/7 to answer your questions and provide fast, affordable bonds with no hidden fees. Our fair and confidential agents will work quickly to get you or your loved one out of jail as soon as possible. Here are the most common reasons a judge might deny bail in florida:
1. Felony Charges
A judge may impose an extremely high bail amount that the defendant isn’t likely to meet for release or completely deny bail in felony cases where there is strong evidence against the accused person. Felony charges include violence, sexual assault, espionage or murder. An individual is ineligible for bail if he or she is charged with a capital crime that comes with a possible death sentence and proof of guilt is considered clear and convincing.
2. Repeat Offender
There is little sympathy for repeat offenders who are on probation or parole for a prior offense. It is likely that the judge will issue a no-bail hold because someone who has already agreed to terms of probation or parole and misused their freedom by committing another offense is in violation of that agreement.
3. Flight Risk
Bail can be denied if the judge determines the defendant has a history of not appearing in court or is likely to flee to avoid prosecution. If evidence is presented to the court that shows releasing the accused person from custody is too risky, they are considered a flight risk. An individual who has skipped bail before will also be considered a flight risk.
4. Non-US Citizen
When an individual is charged with committing an offense and is not a United States citizen, he or she will not be granted bail. Those who are believed to be in the US illegally without proper documentation will be denied bail and retained with an Immigration and Customs Enforcement (ICE) hold. Depending on the severity and nature of the crime, the individual may be deported back home country.
5. Deemed a Threat to the Public
Although this is a rare situation, the judge may decide to deny bail if the defendant poses a threat to others or to themselves. Dangerous criminals like repeat offenders and serial killers are deemed likely to pose a threat to the public and will be denied bail. Florida courts will not release an individual who is considered dangerous out on bail to protect victims and witnesses and to prevent addition offenses from being committed.