Most often, anyone arrested will be granted the opportunity to obtain a bail bond to get out of jail and await their court hearing at home. However, there are circumstances in which a judge might deny someone this privilege. We all would want to get ourselves or a loved one out of jail as fast as possible, and the best way to do so is to use a local bail bond agency. But if a judge denies bail, there is no use in calling a bail bondsman.

Continue reading to learn some examples of when a defendant might be denied the opportunity to make bail after being arrested for a suspected crime.

☛ Too Many FTA’s

A defendant is almost guaranteed to have their bail rights revoked if they have a history of failing to appear for their scheduled court hearings. If a person is arrested, and then released on bond, they are granted this right under the condition that they appear for all relevant court hearings. If someone intentionally fails to show up for court, the judge will immediately issue an arrest warrant for the defendant to be detained and kept in custody once again. But this time, they will not be able to afford the cost of their bail because the judge will set it so high, or they will be denied bail altogether.

☛ Probation and Parole

If a person is recently released from a long stint in prison, they are almost always on parole. This means they have a strict set of rules and guidelines to follow that regular law-abiding citizens do not. For example, they cannot leave the country, commit any other type of crime, or violate their parole (failing drug tests, skipping parole officer meetings, not completing community services, etc.) for a certain time period following their release.

This can be anywhere from two to ten years, or more depending on the criminal history and circumstances. For those who have been arrested, released, and charged with a crime might be put on probation, which rules and regulations vary depending on the individual person and crime. Whether parole or probation, if a person is on one of these and violates in anyway, they are most likely going to be denied bail.

☛ Illegal Immigrants

If a non-citizen of the country is arrested, they are not likely to be granted bail privileges, especially if their crime is something other than being an illegal citizen. Instead, they are likely to face deportation, extradition, or jail time in our country.

☛ Capital Crimes

Capital crimes are so serious that most people charged with one might face the death penalty. In these cases, there is no bail allowed. Not only are they considered a danger to society, they are more prone to fleeing the country to evade capital punishment.

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Judges Set Bail

In most states, there is a bail schedule that predetermines bail amounts for particular levels of offenses. Judges generally stick to using this standard practice for bail. However, judges have the power to alter the bail schedule for a particular crime if they believe it is necessary. They can lower or raise the bail amount, or they can abolish the right to bail altogether.

The most common factors that influence a judge’s decision in altering the bail schedule include the severity of the offense, the offenders past criminal history, pending charges against the defendant, age, likeliness to flee, employment, and more.

A judge can also release an offender on their “own recognizance”, also referred to as “O.R.”, which means the judge does not believe the offender is a flight risk, and allows them to be released from jail on the stipulation that they appear for all their scheduled court hearings.

Once Bail is Set

Once a judge sets a person’s bail, that person can be processed into the jail system and then bonded out. They can choose to pay the entire bail amount in cash, and then receive their monies back when they complete all of their court-related obligations; or, they can pay a bail bond company a fraction of the bond amount, but this is a non-refundable fee. Most people choose to use a bail bondsman because it is more convenient that giving up all your cash for a release from jail. Many people cannot afford to pay the jail thousands of dollars, so paying a bail bondsman a few hundred is more cost-effective.

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