If you’ve been arrested, you will be given the opportunity to be released on bail for the amount specified by a judge. However, there are circumstances in which you will be denied the privilege to post bail and go home until your scheduled court case.
The reason that bail was established in England in the 13th Century was to alleviate overcrowded jails and to allow people the chance to continue their lives while they were waiting for trial.
Why Your Bail May Be Denied
Although you are innocent until proven guilty in court, this is not the case during your bail hearing. The judge setting bail must assume that you are guilty of the crime and consider the risks of you committing further crimes, harming the public, or fleeing.
You’re a flight risk. The judge may look at your individual situation and decided that you were simply too much of a flight risk to take a chance on you. This decision may have been made if you have no ties to the community, have lots of money, or have skipped on bail previously.
You’ve skipped before. If you were arrested and failed to show up for your court appearances, the judge is going to think twice about considering offering you the opportunity for bail again.
You’re a repeat offender. This means that the judge thinks that you’re going to continue to commit crimes while you’re out on bail.
You’re on parole or probation. If you are currently on parole or probation, the crime that you committed was most likely a violation of the terms of your probation or release but it’s ultimately up to the judge as to whether or not to allow bail.
You’re not a U.S. citizen. If you’re from another country, you may not merely have your bail denied but you might be deported back to your country of origin.
What To Do
In some jurisdictions, police have the authority to grant or deny bail when they arrest you. If you are denied police bail, you will be sent to your local court so a judge can decide whether or not to set bail.
If you are denied bail, you will go to jail until your next hearing. The first thing you should do is call an attorney if you do not already have one. Judges can’t simply deny your bail because they feel like doing so, they must follow the rules and you can only be denied under certain circumstances. Your attorney can help you challenge the denial. You can appeal to a higher court in order to have bail reconsidered, and this can be successful if you have extenuating circumstances or there is a positive reason that you should be released back into society. What was the reason you were denied bail in the first place? This will be the main consideration in whether or not the higher court allows bail.
Appellate Denial
If your lawyer appeals the decision and you are still denied bail, you’ll have to remain in jail until your court date. The good news is that if you’re found guilty, you’ll get credit for the time that you’ve already served so you don’t have to start over with Day 1.
At Mercy Bail Bonds, we don’t want you to be in jail any longer than you have to. If you or a loved one has been arrested in the New Port Richey area, call Mercy’s experts at (727) 856-7775. We can help get you out of jail quickly and home to your loved ones where you belong.