When Can a Judge Deny Bail?

Judge Deny Bail

When you or a loved one are arrested, it is often necessary to get a bail bond quickly to avoid spending time behind bars. Bail bonds are agreements between the defendant, a surety company, and the state that ensures the individual will attend all court hearings and trial proceedings. We help people obtain these bonds in San Diego so they can return home to their families as soon as possible.

In some cases, a judge may decide to increase a suspect’s bail amount on their first appearance in court. In these instances, the prosecutor must provide a good cause showing, and it is typically based on public safety concerns or the defendant’s history of failure to appear at previous hearings. The court must also set the bond amount based on an individual’s ability to pay. Fortunately, California law allows us to challenge the bail increase on a constitutional basis and win a reduction in bail amounts.

There is evidence that you will harm someone if released – The most obvious reason why a judge might choose to deny bail bonds in San Diego is if there is clear and convincing evidence that you will physically harm another person if freed on pretrial release. This can be particularly true in felony cases, including crimes such as murder or assault that carry significant maximum prison sentences of ten years or more.

When Can a Judge Deny Bail?

It is likely you are a flight risk – The judge will want to be sure that if you are released from jail, you will show up for your trial. If they are not convinced of this, they may choose to deny your bail. This can be based on your past criminal record, the nature of the case, or your location. If you have a lot of assets outside the county or are living as a non-resident, you may be considered a greater risk to flee.

You are a danger to yourself or others – The court will consider whether the defendant poses a threat to the community, or their own safety as well, before they decide to release them on bail. They will usually want a mental health assessment before making this decision. This might also be the case if there is evidence that they have tampered with or influenced witnesses, and it appears they could pose a danger to anyone who might testify against them.

Despite the fact that judges are legally permitted to deny bail, they can rarely do so for good reason. If you or a loved one are being held without bail, contact a trusted bail bondsman immediately to get the process started. A good bondsman will be able to secure your release from jail as quickly as possible so you can get back to work and your family. Contact us today to learn more about our services. We are available 24/7 to assist you. We look forward to working with you! Please note that we only provide bail bond services in the State of California.

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