Common Reasons a Person is Denied Bail

In Memphis, when an individual is arrested, bail may be set based on the bail schedule. If bail cannot be set based on the bail schedule, a hearing will be held before a judge and the judge will decide whether to set bail and at what amount or whether to deny bail. There are many reasons why bail may be denied. Here are a few of those reasons.

The Severity of The Crime

One of the top reasons why bail may be denied is because of the severity of a crime. In the state of Nevada, the bail schedule sets an automatic bail amount for many common, non-violent crimes, such as theft and drunk driving. But if the crime involves violence, such as assault, rape or murder, a judge has to look at the details surrounding the crime and decide what bail should be set at or if bail should be denied. The more severe the crime, the higher bail will be set at or the higher the odds are that bail will not be set at all.

Past Criminal Record

The number one reason why bail may is usually denied in the greater Memphis area is because of an individual’s past criminal record. If someone is on probation or parole and they commit another crime, bail is denied right off the bat. The individual is placed on a parole or probation hold and until they have a parole or probation hearing, bail is not even addressed.

If someone is not out on probation or parole, their past criminal record can still affect their ability to get bail. If the judge determines that they have a lengthy record, they may not want to let them out due to a fear of them re-offending.

Flight Risk

If a judge deems an individual to be a flight risk, they may deny bail. A flight risk means that there is a good chance that the person will run while they are out on bail. This may include having access to jets that can take you to other countries, being a citizen of another country, having run in the past while out on bail or having made threats to run while you are out on bail.

Threat to the Community

When a judge is deciding whether to or not to deny bail, they have to look at whether an individual is a threat to the community or to society. If someone has made threats to blow up an area where lots of people are or to shoot a large number of people, a judge has to decide whether their threats were serious and whether they had access to do so. If the judge feels they did, they may not wish to let them out on bail, as they may carry through with their act and harm people. Likewise, if someone tried to murder their domestic partner, a judge can deny bail if they feel the individual will be released and follow through with harming their partner. If the judge feels they are a threat, they can be held without bail.

Not a U.S. Citizen

The last reason a person can be denied bail is because they are not a U.S. citizen. If someone is not a citizen of the United States, or they hold certain immigration statuses, they can be deported even if they commit a small crime. As such, if someone is not a U.S. citizen, they may be held in the jail on an immigration hold until their trial is over or until an immigration hearing is held to determine whether to deport them or not.

If bail is initially denied for your loved one, all hope is not lost. A New bail hearing can be set to address the concerns that the judge had with your loved ones release. If bail is set at that hearing, you may need All N One Bail of Memphis to help you get your loved one out. We are here for you.

Common Reasons a Person is Denied Bail