Here at Wanna Get Out Bail Bonds on O’ahu, we’re all about helping you post bail. We do whatever we can to get you bail money so that you can get yourself or a loved one out of jail. What are the chances that a judge will let you come up with bail money and then be released with help of a bondsman? Very good, actually. We’d estimate that bail is offered in over 95-percent of circumstances. Most crimes that people are accused of don’t warrant them being kept in jail indefinitely while they’re awaiting their court date, and it’s better for the person (and the economy) if they’re released until they appear in court.
But there are some circumstances in which we simply can’t help people by providing them with bail bonds. It has nothing to do with their finances, but with the decision of the judge to deny the person bail. What could make a judge decide to deny someone bail? Isn’t the bail system there to ensure that the Constitution is followed, because it promises everyone a speedy trial?
There are certain circumstances in which a judge can decide that offering bail could cause negative consequences for society or for the accused. Today we’re going to talk about four of the most common questions a judge might ask themselves to decide if they should deny bail and stop someone from using a bail bonds service.
How Serious Was The Crime?
You won’t be surprised to know that the severity of the crime has a big impact on how likely it is that a judge will grant bail to the accused. Murder will certainly make a judge think twice before offering bail, as will certain crimes such as rape or kidnapping. A judge will often deny bail because of the flight risk and danger to society that the accused poses (more on those below).
There are some cases in which a judge is not even legally allowed to offer the accused bail. If there has been a murder of an elected federal official, federal judge, FBI agent, or certain other federal employees, the judge cannot allow the accused to post bail. Murder occurring during the robbery of a bank, which is a federally-protected institution, also forbids a judge to grant bail. It’s also the case if the person is accused of using the mail system to deliver something deadly, such as poison or bombs.
Are They A Flight Risk?
Nobody wants to face trial and the possibility of going back to jail or to prison, but in most cases people post bail, prepare for their court date, and come back to face the music.
But people do skip bail, and judges are very aware that some people are more likely to skip out on their bail bondsman more than others. As we mentioned above, as the severity of the crime increases, so does the likelihood that a person jumps bail. The accused has a lot to lose — perhaps the rest of their free days — so it can be tempting to leave the area or even the country before the trial occurs.
Another reason that a judge might not agree to let the accused post bail is if they have missed their court date and skipped bail before. It only makes sense that a judge would be wary; if the person has already disrespected the court system by failing to appear in previous legal situations, why should the accused be granted bail this time?
Is The Accused A Danger To Others?
A judge always has to take the safety of others into consideration when it comes to whether or not they will allow someone to use a bail bond agent and be released from jail. This usually goes to back the severity of the crime we talked about above: a person who has murdered or sexually-assaulted someone has already proven that they have no regard for laws against such things, so they may well do it again if granted bail.
A judge can also deny bail if they believe that the victim or the victim’s family will be targeted by the accused if they post bail. It might just be better for everyone if the accused is kept in jail in order to protect the victim and witnesses. Of course, if the judge feels threatened themselves then they’ll certainly deny bail.
Is The Person a Danger to Themselves?
There are times when a judge might be concerned for the safety of the accused themselves. If a person who is accused of a crime is exhibiting an interest in harming themselves — police officers who have been around the accused can notify the judge about their worries — then a judge can order a psychological evaluation and temporarily deny bail until the evaluation has been performed. If they are deemed to not be a danger to themselves, a judge will most likely post bail with or without the help of a bail bond agent.
Have You Been Denied Bail?
Like we said, in the majority of cases a person is allowed to contact a bail bond agent and be released from jail so that they can get back to their job and prepare for the court date. If you have been denied bail, there’s nothing that our bondsman can do to help you. Consult with your lawyer; they might be able to provide additional evidence that can show that you’re not a danger to yourself or others, and that you’re not a flight risk. If that’s successful and a judge sets a bail amount, contact our 24-hour bail bond service and we can provide you with the means of getting out of jail.
The four questions we detailed above aren’t the only ones that the judge is asking himself or herself. There are actually three more very important questions they’ll go through, all of which have to do with the accused and their interactions with the legal system. Come back next time to find out how a judge can deny bail and prevent you from making use of bail bonds.