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Reasons a Judge May Deny Bail

Comprehending the structured legal process from the time of detainment to the time of sentencing may be overwhelming and confusing. Posting bail permits the accused individual to be released from jail, with a commitment to attend their court hearings. However, there are a few scenarios where the judge can or even must not allow bail. While each person's situation differs, there are several variables that the judge will evaluate to establish the bail dollar amount or not permit bail to keep an accused person in the county jail awaiting trial.

A bail bond permits an accused person to be freed from detention and avoid spending extended time incarcerated.  This will allow them to continue their normal lives, return to their place of employment, and prepare their defense against the charges. If you or a family member is incarcerated waiting on an arrangement or bail hearing, you likely will have many questions such as, what are typical reasons a judge may deny bail, or what guidelines do judges use to set the bail amount?

The professional bail bondmen at Trinity Bail Bonds in Tampa, FL understand that this is a challenging time for you and your loved ones. We are there 24x7 to answer questions and offer affordable, fast bonds with zero undisclosed fees. Our confidential and fair bail bond agents will work efficiently to get you or a family member out of county jail ASAP.  Below are the typical reasons a judge may deny bail in Florida:
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1. Repeat Offender

There is virtually no sympathy for repeat criminals who are on parole or probation for a previous crime. It is typical that the judge will decide on a no-bail hold because someone who has previously agreed to terms of parole or probation yet violated the terms of their release and jeopardize their continued freedom by committing another offense.   
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2. Flight Risk

Bail will usually be denied when the judge decides the accused has a history of failing to appear in court, or they are likely to run to avoid prosecution.  If evidence is presented to the judge that demonstrates that releasing the accused from jail is risky, they will be deemed a flight risk. A person who has violated their bail terms before will also be deemed a flight risk.

3. Felony Charge

A judge will likely set a very high bail amount that the accused is unlikely to meet for release or totally deny bail altogether in felony cases when there is overwhelming evidence against the defendant.  Felony charges include sexual assault, violence, sexual assault, armed robbery, and murder.   A person is not eligible for bail if they are charged with a capital crime that mandates a potential death sentence and proof of the crime is convincing and clear.  
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4. Public Threat

While this is an unusual scenario, a judge may decide to deny bail if the accused presents a threat to themselves or the public.   Dangerous criminals, such as serial killers and repeat offenders, are assessed as likely to pose a hazard to the community and are denied bail. Florida courts will not free a person who is thought to be dangerous out on bail so as to safeguard witnesses and victims as well as to avoid addition crimes from being committed.
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5. Non-US Citizen

​When a person is charged with committing a crime and is not a US citizen, they will not be permitted bail. People who are thought to be in the US illegally with no proper documentation will be denied bail and detained by Immigration and Customs Enforcement (ICE). Depending on the nature and significance of the offense, the person could be deported.
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  • Home
  • About Us
  • Services
    • Possession of a Control Substance Bail Bonds
    • Assault Bail Bonds
    • Domestic Violence Bail Bonds
    • DUI Bail Bonds
    • Violating Temporary Restraining Order Bail Bonds
  • Resources
    • Required Information & Documentation
    • How to Help Someone in Jail
    • Know Your Rights at a DUI Checkpoint
    • Frequently Asked Questions
    • Difference Between Probation & Parole
  • Blog