Will Your Loved One Be Granted Bail?
Bail is not a guaranteed provision extended to every person who is arrested. There are many factors that must first be considered to determine whether or not someone may be released on bail. If you have a loved one who has been incarcerated and you're not sure if they'll be released, read on to learn about some of the factors that are often weighed.
Certain crimes come with an automatic dismissal of bail. Murder, crimes that caused substantial property damage, or those that were reckless in nature, may fall into this category. If your loved one committed one of these crimes, their bail might be denied. However, the judge can use their discretion, so the crime they are charged with alone is not enough to make a determination.
The criminal history of the person requesting bail also matters. Remember, bail is a privilege, it is not necessarily a right. A judge may be less likely to grant bail to a person who has a lengthy criminal record, as the bail could be perceived as a reward or permission to go out and commit another crime. Typically, the lengthier a person's criminal history, the lower their chance to receive bail. Even if the person does not have a long criminal history, but have a history of missed court dates, this information could also count against them.
The legal system does not want to let anyone out into the community that will pose a danger to others. If your loved one can prove that they will not hurt or harm anyone, and they have a good standing with the community to back up this claim, they may have a better chance at receiving bail. For example, someone who is gainfully employed and volunteers with a local community center may have a better chance than someone who does not have a job and does not give back to their community in any way.
A judge may also look at the behavior of the individual while in the courtroom. A person that is disrespectful or does not appear to be taking the matter seriously will send up a red flag that may lower their chance for a successful bail hearing. Keep in mind that their behavior while inside the jail is also important. If the person has not been following the rules of the jail staff, this information will be reported to the judge and may be a factor in their bail request.
The above represents just some of the factors that the judge may weigh when determining whether or not an individual is granted bail. However, you can speak with a bail bond company like All Star Bail Bonds for more information.