Jail presents a generally unpleasant situation. If you or a loved one find themselves incarcerated, you will generally look to post bail as quickly as possible. Bail serves as a fulfillment of the “innocent until proven guilty” philosophy, and allows those accused of a crime to remain free until conviction. In some situations, however, a judge has denied bail. To understand the rationale behind this, look to the following causes.
Some defendants characterize themselves as flight risks. This can occur due to a history of missed court dates, or through simple disrespect of the judicial process. Either way, if a judge has any reason to believe that an accused will not show for their day in court, you can count on denied bail.
Probation or Parole
Any arrest while on probation or parole comes with a reduced likelihood for bail. Judges see probation and parole as an opportunity to live within the law. Those who have squandered the opportunity can count on no additional favors throughout the court process.
Similar to a flight risk, a defendant who appears as a likely public menace may not receive bail. A judge must consider his or her own conscience. If it seems possible that a defendant will harm anyone while released, the judge can order that they remain in custody.
Severe charges, especially those that carry the threat of the death penalty, will rarely receive bail. The rationale behind this appears simple. If the accused has nothing to lose through flight, then the judge will act wary of the assignment of bail.