During a criminal arraignment, a judge will set a bail amount to ensure the suspect appears for their trial. For most cases, a judge will adhere to strict practices when setting bail amounts – however they can raise or lower that standard bail amount or waive bail altogether if they feel it is necessary. In some cases, bail can be denied and the suspect will be held in jail until their trial.
5 Common Reasons for Bail Denials
It is a judge’s job to consider the unique circumstances of each case before setting a bail amount or denying bail altogether. If you are denied bail, it may be due to one of these five factors:
- You are considered a flight risk. During arraignment, the prosecution will present evidence to the judge regarding the probability that you will show up for your trial date. If you have a history of not appearing to court in the past, the judge will have little reason to grant bail because they will assume you will do the same this time. Also, if you have excessive funds, a passport or means to leave the state or country with ease, the judge could consider you a flight risk.
- You are being accused of a serious, violent crime. Bail amounts do not only make sure the defendant shows up for court – they are also set as a way to protect the community from the defendant and their alleged crimes. If you are being accused of a serious or violent crime, such as murder, you may have a high bail amount set or have bail denied altogether. If the prosecution plans to seek life in prison or the death penalty, it is unlikely you will be granted bail.
- You are not a United States citizen. Any time a person commits a crime, their immigration status is also considered. If you are not a United States citizen, you are more likely to flee the country. The courts may have an ICE (Immigration and Customs Enforcement) hold placed against you as well as deny bail.
- You pose a serious threat to the public. Judges must consider the potential that you will commit other crimes while out on bail. If they feel you are dangerous to the public, they will deny bail.
- You were already on parole or probation at the time of the alleged crime. Massachusetts courts have little sympathy for repeat offenders. Even if the crime you are accused of is not what you served time for in the past, the courts are less likely to grant bail when you are already on probation or parole and choose to break the law again.
Have a Criminal Defense Attorney Present – Contact Keegan Law
Before attending your arraignment, make sure you have ample legal representation. Your criminal defense attorney can argue on your behalf for bail and make a compelling case to the judge to allow your release before trial. Speak with Keegan Law to explore your options by contacting us online or by calling (617) 799-7644 now.