Can Someone Legally Be Denied Bail?

In the United States, an incarcerated individual typically has a right to pre-trial bail. Unfortunately, many people misinterpret this to mean that every incarcerated individual is entitled to bail. This is not true. A judge has to determine if someone is a risk to the public or a flight risk when determining whether bail will be granted or denied. A judge can deny bail based on those reasons.

What Are the Common Reasons Why Someone Is Denied Bail?

When an individual is incarcerated, a magistrate or judge must set or deny bail. When they determine whether someone is entitled to bail, they look at many elements. Some of the elements they look at include:

• The defendant's accused crime
• The evidence against the defendant
• The defendant's past criminal history
• The defendant's ties to the community
• The defendant's flight risks, including ties to other countries
• The defendant's probation or parole status
• The defendant's history with bail and bond terms

This information allows a judge or magistrate to determine whether the defendant may be violent, and thus a threat to the public, or whether they may be a flight risk prior to their trial. If the judge believes one or both of these are true, they will deny bail.

What Should Be Done Next If Bail Is Denied?

If bail is initially denied when a defendant is incarcerated, that is not the final answer. An attorney or public defender can request a bail review from the court. The court and the judge involved conducts a bail review behind closed doors. A different judge or magistrate reviews the initial information and makes a hearing.

If bail is still denied, a public defender or criminal defense attorney can then request a bail hearing. During a bail hearing, the both the prosecution team and the defense team present cases to a judge about the bail situation. The prosecution team will make a case for why they feel bail should continue to be denied and the defense team will make a case for why they feel that bail should be granted. A judge will then make the final decision.

If bail is still denied after this process, bail hearings can escalate through appellate courts. This typically only happens if an abuse of power or something else egregious happens within the court system.

Can a Bail Bonds Company Help If Bail Is Denied? 

Many people hear the term bail bonds company, and they think the bail bonds company can help them with all things related to bail bonds. Unfortunately, a bail bonds company cannot help you if bail is denied for a defendant. They can only step in to help with the bail process once bail has been granted. If you are denied bail, you should contact an attorney. Once bail has been granted, you can contact a bail bonds company.

Do you have a loved one who has recently been incarcerated in the greater Fresno area? Once bail has been set, Albert Ramirez Bail Bonds can work with you to help bond your loved one out of jail. Contact us today to learn more about paying for and posting a bail bond.