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Why Does Bail Get Denied?

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After an arrest, a defendant will appear before a judge to have their bail set. The judge will consider several factors in setting bail, including the severity of the crime, the defendant’s criminal history, and whether they are considered a flight risk. Bail may be set at a low amount for minor offenses or at a high amount for more serious crimes. If the defendant is unable to post bail, they will remain in jail until their trial.

But sometimes, bail is denied altogether. Continue below to learn some reasons why this might happen, plus a vital tip on how to get out of jail fast in Indiana.

For Bail Bond Service in Indianapolis Indiana, Call 317-876-9600 Today!
For Bail Bond Service in Indianapolis Indiana, Call 317-876-9600 Today!

Here is Why a Defendant Might Be Denied Bail Privileges

There are a variety of reasons why a criminal defendant might be denied bail. In some cases, the judge may deem the defendant to be a flight risk or a danger to the community. Other times, the defendant may not have the financial resources to post bail.

In any case, being denied bail can have serious consequences for a defendant. Without bail, the defendant will remain in jail until their trial date. This can lead to a loss of income, housing, and other important resources. Additionally, the defendant may have difficulty mounting a proper defense from behind bars.

If you or a loved one has been denied bail, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the reasons for the denial and may be able to get the decision reversed. The consequences of being denied bail can be serious, so it is important to have experienced legal representation on your side.

Granted Bail?

If you were granted bail, contact an Indianapolis bail bondsman to get out of jail as fast as possible. Bail bonds companies in Indiana also offer prearranged bail for those who need to surrender to an arrest warrant. You could be in and out of jail in under an hour! Just be sure to choose the right bail bond agency that can provide safe and secure assistance you can trust.

Not sure which bail bondsman to choose for a fast release from jail in Indiana? Contact Woods Bail Bonds at 317-876-9600 for trusted 24 hour bail bond services in Indianapolis, Indiana. We serve over 30 counties throughout the state. Request a free estimate or information, anytime.

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The Exceptions to Your Right to Bail

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Indianapolis Bail Bonds 317-876-9600

Indianapolis Bail Bonds 317-876-9600

Usually, anyone under arrest has the right to bail. However, there are some circumstances in which a person in custody would be denied this right. In most cases, this happens because a defendant who is facing felony charges is found to be a danger to themselves or to others. Other reasons involve the severity of criminal charges, criminal history, flight risk, and more. The decision to deny bail is actually very complex and comprehensive. It is a duty that is taken very seriously by the law and by the court system. But it does happen quite often. Learn why, below.

Bail Hearings

In most cases bail is granted. It is generally set directly following a defendant’s arrest at a bail hearing. At this hearing, the bail amount is set by the presiding judge. The amount of bail depends on several factors, including the county’s particular bail schedule, as well as the severity of crime, priors, pending charges, and more. But in some federal cases, bail is denied.

This can be for a number of reasons. Depending on the jurisdiction, guidelines can differ, but it is common for bail to be denied based on a public safety exception. This exception implies that the defendant poses a risk of danger to themselves and others if released on bail before their trial date. This is sometimes referred to as a “protective detention.”

In federal court, the Bail Reform Act of 1984 decrees when judges have the right to deny bail based on the danger risk of a defendant. These protective detentions are permitted by the Act so long as the defendant is being charged with a certain type of federal offense. These offenses include:

▶ Violent Crimes
▶ Crimes Involving Minors
▶ Neglecting to Register as a Sex Offender
▶ Drug Crimes with Maximum Penalty of 10 Years
▶ Crimes with a Maximum Penalty of a Life Sentence
▶ Crimes with a Maximum Penalty of Capital Punishment
▶ Felony Crimes with 2 Prior Qualifying Crimes on Criminal Record
▶ Crimes Involving Weapon Possession or Use

These offenses only make a defendant eligible for denied bail. It does not guarantee that their bail will be denied. A judge must also take into consideration the level of danger the defendant poses to the community and to themselves. They must consider the nature of the crime, the seriousness of the risk they pose to others, and the level of evidence the prosecution has against them, as well as the defendant’s criminal history, personal characteristics, mental illnesses, substance abuse problems, employment, family, and more. If a judge denies bail, they must explain why in a written order. Defendants have the right to appeal the order in a higher court, but these kind of appeal are rarely won.

Indiana Bail Bonds You Can Trust

Woods Bail Bonds

Woods Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 for prompt and professional bail bond services in Indiana. Owner, James Woods, and his team of licensed and insured bail agents, provide 24 hour bail bonds in over 30 Indiana counties. Regardless of time, day, or city, we can get you out of jail fast, and for as low as 8% of your total bond! Request a free estimate, anytime.