Top Reasons for Why Your Bail Could Be Denied
Not everyone can be bailed out. A judge can choose to deny bail in some specific situations, and if this happens, you’re going to need to appeal. Here are three of the top reasons why your bail could be denied.
1. The Crime You are Charged with is Severe
Serious, violent crimes are often ineligible for bail. If you are being charged with a serious assault or murder, it’s unlikely that you will be able to get bail, especially if your alleged victim is still alive and is considered to be in danger.
The more serious your crime is, the higher your bail amount is likely to be, if it isn’t denied outright. However, even a violent crime may be able to get bail, if your attorney can show that you don’t present a current danger.
2. You Violated Probation or Parole
Probation is intended to let you avoid a jail sentence by serving it outside while under restrictions, while parole lets you serve the remainder of your sentence outside. This is important because it means that you are under a jail or prison sentence that you are being allowed to complete outside.
If you are suspected of violating probation or parole, you may not get bail, because you may revert back to that original sentence. This often means that you’re going to need to serve the remainder of the sentence, in addition to any other sentences that you’ve accrued. An example is if you are caught with drugs while on parole. Not only have you committed a crime (possession of drugs) but you have also violated your parole agreement (by using drugs). You will need to complete your original sentence and the sentence for the other crime.
3. There is a Threat to Public Safety
If there is some threat to public safety, it is likely that your bail is going to be denied. This is not common. It is only likely in cases in which you have been accused of committing a wide-scale crime or planning to commit a significant crime against multiple people. If you have committed many violent crimes and have a history of violent crime, you may be considered a threat to public safety. Your past crimes and past history can be considered by the courts when setting (or denying) bail.
Bail is intended to be a right that you have. If you are not a threat to others and have not committed a serious crime, you may have the right to reasonable bail. You can contact an attorney to find out more.
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