All U.S. citizens are protected by the 8th Amendment of the United States Constitution, which asserts, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Although this constitutional right protects us against excessively high bail, it does not mean that all arrestees are granted bail privileges. If a person’s bail is denied after an arrest or Federal indictment, the courts feel like they have good reason.
Continue reading to learn the top three reasons why defendants are denied bail and what you can do if this has just happened to your friend or loved one.
When Bail is Denied
There are 4 common reasons why bail privileges are denied. Most criminal charges are assigned a state or federal bail schedule, but there is no bail for murder or manslaughter, and no exceptions to this rule. Since it is unlikely that your loved one has been arrested on homicide charges, you can safely assume that their bail was denied due to one or more of the following 3 reasons:
They are Considered a Flight Risk
When a person is granted bail, they are accepting the privilege under the condition that they appear for their court hearings, as is the arraignment, trial, and sentencing. But if the courts or prosecutor’s office believes that a defendant cannot be trusted to show up for court after being released from jail, then their bail privileges might be denied. This is referred to as being a flight risk. Those who have skipped bail before, or have fled the state to avoid prosecution, are likely to be considered a flight risk.
They are Considered a Public Threat
Just like those who are arrested on murder or manslaughter charges, anyone considered a threat to others will not be permitted to post bail. This is common among violent crime offenders, gang members, and people with a history of violence.
They Were Arrested While on Probation or Parole
If your friend was arrested while already on probation or parole, they may not be granted bail privileges. The courts may deem them as a habitual offender that cannot be trusted to not commit any further crimes while out on bail. With good criminal defense, it is possible to reinstate bail privileges after being arrested under these circumstances.
Are you looking for a fast and easy way to get your friend out of jail in Indianapolis? Contact Woods Bail Bonds at 317-876-9600 for 24 hour bail bond services you can trust. We also offer prearranged bail bond service for arrest warrants.
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What to Do if Someone Calls You From Jail
How to Decide if You Should Bail Your Adult Child Out of Jail
Can I Hire a Bail Bondsman From My Jail Cell After Surrendering to a Warrant?
