During a criminal arraignment, it is the judge’s responsibility to consider the unique circumstances of each case and set a bail amount based on that information to ensure thee suspect appears for their trial. The defendant (or a family member) will be required to pay the bail in full or post a bond and if the individual does not appear in court, that bail or bond is forfeited.
In some cases, bail can be denied, and the individual will be held in jail until their trial.
Commons Reasons for Bail to be Denied
If bail is denied, it may be due to one of these factors:
You Are Considered a Flight Risk
During the arraignment, the prosecution will present evidence that supports the probability of the individual showing up for their trial date. If an individual has a history of not appearing to court or has excessive funds, a passport, and the means to leave the state or country easily, the judge will deny bail.
You Are Accused of a Serious and/or Violent Crime
Bail is not only put in place to ensure an individual appears to court, but they are also a way to protect the community. If an individual is accused of a serious and/or violent crime, such as murder, the judge will either set a very high bail amount or deny bail altogether. If the prosecution is seeking life in prison, bail is unlikely.
You Are Not a United States Citizen
When a crime is committed, their immigration status is also considered. If the individual is not a citizen of the United States, they are more likely to flee the country and the judge might deny bail and put an Immigration and Customs Enforcement (ICE) hold placed against you.
You Pose a Threat to the Public
If there is potential that an individual will commit other crimes will out on bail or if the individual is dangerous to the public, bail will be denied.
You Are Already on Parole or Probation
If an individual is already on parole or probation during the time of the crime, the judge is less likely to grant bail as that individual is considered a repeat offender and will likely break the law again.
Before your bail arraignment, contact our team at Urbelis Law at (617) 830-2188 to ensure your best chance for receiving bail.