Can Bail Be Denied?

If someone you know is in a Memphis Jail, and you are wondering if their bail will be denied, the answer is that it is possible.

Bail can be denied for very serious offenses or in certain situations that warrant it.

Want to know more? Call us at (901) 523-2245, and we will go over the situations in which bail denial is most likely to occur. You can also keep reading, as we have put some additional information below.

More Information About Denied Bail

As you might already know, bail is a mechanism that United States courts use to ensure that defendants abide by the conditions of their release.

While bail may seem like a punishment, the truth is that it is only an incentive.

Defendants are more likely to show up for court since skipping court means they will lose their bail money.

Having a reasonable bail amount in place increases the likelihood that the defendant will act responsibly and not put a strain on the legal system by skipping bail and forcing the court to track them down—a costly and time-consuming process.

Posting bail allows defendants to maintain their freedom while waiting out their legal proceedings. But there are extreme cases in which a judge can deny bail, such as if the charges are punishable by death or if the safety of the public is at risk.

Generally, judges may deny bail for five reasons:

1. The defendant has a history of repeat offenses

If a defendant has been arrested for committing the same crime multiple times, it is possible that his or her bail may eventually be denied.

2. The defendant poses a considerable flight risk

If there is a high likelihood that someone will not show up for court or go into hiding, a judge may not grant them bail.

3. The defendant is involved in a very serious crime

Bail bond denials happen much more frequently for serious crimes than for petty offenses. If a defendant has been accused of a particularly heinous crime, they may not be allowed to post bail.

Usually, when someone’s bail has been denied, it is because they have been accused of committing a Class A felony.

4. The defendant is a threat to society or to the alleged victim

The decision to grant or deny bail largely hinges on how much of a risk an individual poses to themselves or to the public.

If a defendant is obviously violent or displays any indication of mental instability, such as being suicidal, their judge may order a mental health evaluation instead of letting them get released.

Another possibility, which can happen during domestic abuse cases, is that the judge orders the alleged offender to stay in jail for several hours or days during what is known as a “cooling-off period.” This is to protect the alleged victim who may reside in the same house.

5. The defendant has a history of bail jumping

Failure to appear in court can have serious consequences and can lead to a person having their bail revoked.

To avoid this problem, a defendant should work closely with their defense attorney, as well as their bail bond company, to make sure they are clear on when they should show up for court.

Contact Us

Being arrested is a frightening experience, and the prospect of being denied bail does not help.

Fortunately, All N One Bail Bonds has years of experience providing bail bonds for people in Shelby County. We would be happy to look into your situation and see what we can do for you.