Top 5 Reasons Why Bail is Denied
Being arrested can be a frightening process for both individuals and their friends and family. Most people want to get their loved ones out as soon as possible. Staying in jail is not a pleasant experience, no matter which country one is arrested in.
General Rule Regarding Bail
Bail can be described as a set of pre-trial restrictions to ensure that the judicial process is not hindered. Posting bail in the form of a money deposit grants the defendant conditional release. The defendant cannot leave the vicinity and must appear on all court hearings or summons.
In most cases, getting bail is a straightforward process, and people can be bailed out without a problem. In other cases, a defendant can be denied bail and stay under arrest until trial. A judge will consider all circumstances when deciding a defendant’s case. The existence or lack of a prior criminal record, the seriousness of the crime, previous breaches of bail, or the likelihood of the suspect not appearing in court can determine whether or not bail will be granted.
Difference between breach of bail and refusal of bail
Breaching a bail condition or failing to appear in court results in a warrant for the defendant’s arrest. In addition to this, the defendant is also likely to be charged with an additional breach of bail offense. If the defendant commits a crime after breaching bail, they will be charged with two offenses, the violation itself, as well as the breach of bail. Breaching bail will also make it much more difficult for the person to be granted bail in the future.
Breaching bail and being denied bail are two different things. Breaching bail refers to an individual being granted bail and then committing a crime or not following orders once they are out on bail. Examples of a breach include not showing up to the police station or court hearings, attempting to flee, consuming illegal substances, and other such behavior. On the other hand, denied bail means that the suspect will remain locked up until the court proceedings and presently has no chance of posting bail.
Top 5 Reasons Why Bail is Denied
Each case is unique, and a judge uses his best decision-making skills to decide. The law has laid down specific guidelines for the judge to follow. However, the following are common themes that end up in refusal of bail always:
- Being A Repeat Offender
Judges review the criminal record of all bail applicants. If the applicant has an extensive prior criminal history, a judge will deny the bail based on a similar repeat offense or frequency of violations. Courts have little sympathy for those who refuse to learn from their mistakes and use the court’s leniency as a means to commit more crimes.
- Being a Threat to Society
When deciding whether to grant bail, the judge also considers the consequences of granting bail to the defendant. Bail might not be given if the court views the individual as harmful, dangerous, or a threat to society. If the individual has committed a violent crime, like serial murder, the court will view them as a dangerous threat and refuse bail.
- Being Arrested on Probation or Parole
Probation refers to an individual released, often into the custody of another adult, on condition they will behave and follow orders while under supervision. If an individual chooses to commit another crime after being released on probation or parole, the chances of getting bail again are low. While a court might give a second chance to an individual, they do not provide third or fourth chances.
- Being Accused of a Severe Crime
Serious criminal offenses and federal criminal offenses such as murder or espionage result in the suspect’s bail being denied outright or posted at an extremely high value. This happens because serious crimes carry severe punishment. If a suspect faces the death penalty or life imprisonment, they are much more likely to skip court and flee if they were to be released. Keeping them locked up until court proceedings is a better option.
- Being Disrespectful in Court
Disrespectful behavior in courts, such as shouting or yelling, can lead to denied bail. This is possible even if the suspect does not have a past criminal record, missed court dates, or anything else that might put them in jail. Being disrespectful towards a judge can change the judge’s mind about the possible course of action about the bail application.
In some cases, the defendant might feel that they have been denied bail unjustly, especially if they do not have a criminal record. They are not an unacceptable risk, and the time they will spend in pre-sentence custody is likely to be longer than the sentence that will be imposed. At this point, they can apply for a show cause offense when applying for bail.
Who do I turn to after a refusal from court?
If you have been arrested, it is recommended you comply with the authorities maximizing your chances of being granted bail. Listening to policemen and lawyers, doing as instructed, and being respectful in court can be extremely useful throughout your application procedure.
If the Magistrates Court refuses bail, you can still appeal it to the Supreme Court. The Supreme Court, after careful consideration, will decide if the individual deserves bail or not. A substantial change in circumstances, such as new evidence that clears the defendant of any wrongdoing, can justify applying for bail again.
It is best to follow your attorney’s advice and be completely truthful. Lies and attempts to cover up information regarding the case can seriously mess up your chances of bail and increase your troubles. Listening to an attorney is also recommended as various bail bond scams target panicked family members of the suspect. They try to coerce them into making payments that they claim to be for bailing out their loved ones, while none of the payments are ever made for the bail.
