As most of us are probably aware, bail is money or property deposited with the court in exchange for the temporary release of a suspect on condition that he will return to court to stand trial on appointed dates. If the suspect fails to appear for the scheduled hearing, the court will forfeit the bail and issue an order for the arrest of the suspect. If the defendant makes it to all of the court dates, the court will return the bail money after the case is concluded, regardless of whether the defendant is found guilty or innocent.
After an arrest, a suspect is booked and detained while their case is still pending in court. A judge will then review the case to determine if the offense is bailable. If the offense is bailable, the court will give the suspect a chance to post bail through a bail hearing which usually takes place on the first hearing date. This is also the time when the court determines the bail amount.
After an arrest, one of the things a judge does is determine the amount of bail based on the nature and gravity of the crime. In jails where a bail schedule is maintained, the amount of bail is based on a predetermined range. All the judge needs to do is determine the exact amount for the suspect.
Most criminal offenses are bailable, but there are specific instances when the court has to deny bail. These are the specific instances that can compel a judge to deny bail:
1. When the Suspect is Charged with Felony
Felony is a serious crime that involves violence, murder, rape, arson, robbery, human trafficking, espionage and other grave offenses against persons or property. When a person gets arrested for a felony, judges are authorized to impose an extremely high bail amount the defendant isn’t likely able to raise to secure his temporary freedom. This is especially likely if the judge believes that there is compelling evidence against the defendant.
2. If the Suspect is a Repeat Offender
The term repeat offender refers to criminals who are on parole or probation for a previous offense and have been rearrested for committing another crime. In instances like these, the judge would usually deny bail on the premise that the offender has violated the terms of parole or probation.
3, If the Judge Believes the Suspect is a Flight Risk
A judge can deny a petition for bail if the judge determines that the suspect has a history of avoiding court appearances or is a flight risk because of his tendency to flee or escape to avoid prosecution. A defendant who has skipped bail in the past is also a flight risk and can be denied bail.
4. The Defendant is not a Citizen of the United States
If a person charged with a criminal offense is not a citizen of the United States, he can’t be granted bail. They are placed under the custody of the U.S. Immigration and Customs Enforcement instead. Foreign nationals who are arrested for a crime may be deported back to their home country depending on the nature and gravity of their crime.
5. If the Judge Believes the Defendant is a Threat to the Public
Though rare, there are situations when a person who is arrested for a criminal offense can be deemed a threat to other people and to themselves. To ensure public protection, the court is authorized to deny bail to defendants who have the likelihood of becoming a threat to the public. When this situation arises, the defendant should be denied bail for the sake of public interest. Suspects of heinous crimes like murder, robbery, and serial killing will be denied bail. The law authorizes judges to deny bail petitions of dangerous criminals to protect victims and witnesses and to make sure that the suspects are prevented from committing more crimes.
If you or a loved one is arrested for an alleged criminal offense in Colorado, a good first move would be to hire a reliable criminal lawyer. They can arrange things like getting the service of an able 24 hour bail bonds company Denver lawyers trust. t
As you will see, being out on bail after an arrest can be beneficial to any defendant. It allows suspects to live normally and plan an effective defense. As a defendant’s representative, your first approach towards this end would be to seek the help of an experienced 24 hour bail bonds agent in Denver who can secure the release of your loved one in the shortest possible time.
Red’s Anytime Bail Bonds is a 24 hour bail bonds company in Denver Colorado. We’re ready to help you 24/7. Call us at (303) 623-2245.