How Bail is Set and why it can Be Denied

It is not you or your bail bondsman that sets bail, judges do. Initially, it is based on a bail schedule. The bail amount is set right at the suspect’s first court appearance whether it is a bail hearing or an arraignment. 

Depending on the circumstances of the case, the bail amount can be raised or lowered. There are standard practices judges commonly follow such as giving a small bail for nonviolent petty misdemeanors or waive the bail at all. The need for a lawyer is not anymore needed when arranging for bail. If you don’t have anyone with you, you can post it personally. Or call Delaware bail bondsman to arrange it for you.

What other factors do influence bail amounts? Why bail could be denied? Read on and find out.

Factors Influencing Bail Amount

The bail amount is not provided from off the mind of a judge. There are circumstances of an individual case that makes it up. This includes the following:

• The seriousness of the Charged Crime
• Past Criminal Record
• Employment Status
• Relatives and Community Ties

If the defendant commits serious charges and his criminal record in the past is bad, the Lewes bail bond could raise the bail amount. On the other hand, if the defendant commits nonviolent petty misdemeanors or any light charges and is currently employed with a lot of relatives and friends waiting, the bail can be lowered.

Reasons Why Bail can be Denied

Bail can be seen as a way to correct a person’s mistake. However, it has its own restrictions. Receiving a denied bail is so much frustrating. But understanding the reasons why could help ease your mind.

Severe Crimes

Too much is bad. If a person has too much crime charges, such as murder, or is seen as a threat to others, bail application will be denied automatically. If the defendant commits severe crimes, it is better to accept that there could be no bail granted.

Flight Risk

The bail works to secure the release of an arrested person which means he must appear in every trial without missed. However, if the defendant is seen with a passport and a good amount of money, chances are he could fly somewhere and hide.

Repeat Offenses

If a defendant is once arrested and was being out after bail but commit the same offenses over and over again, bail can be denied. It only shows that the person has not learned from past mistakes and is not using freedom properly. Bail can only be granted for different crime or offenses, not repeat offender.

Public Threat

Anyone who has committed serious offenses may be a threat to the public, especially if the accused person also did dangerous acts in the past. It is important to remember that anyone who is not deemed safe to return back to society will not be able to receive Newark bail bond in any way.

A defendant who gets denied bail is returned to jail. He or she must stay there until the next hearing. This means there is no temporary freedom provided for the accused but he can have other chance to request bail again to a higher court system.

If the defendant is persistent enough and he shows a positive aspect to his release, there is a big possibility that he could be released on bail.

Applying for Bail

The defendant must apply for bail; he or she can’t get it automatically. You can send an application from the time you are charged or arrested to the date where the case goes to court. There is nothing to worry if the bail gets denied at first as you can re-apply for it the next hearing.

It is important to bear in mind that the court will only accept the bail application if you show new facts and circumstances proving you deserve a temporary release. If the accused person becomes a threat to the community, that everyone around him is not comfortable on his release, then the court won’t grant bail at all.

Sometimes, you need to talk to the police investigators if the dangerous defendant is about to receive bail. You need to tell them promptly that you are worried that the person who has committed a crime against you might hurt you once he is out. Or, you can ask for protection both for you and your family.

The law in Delaware cities such as Middletown, Dover, Milford, Bridgeville, and Seaford states that anyone is innocent until proven guilty for the crime. This means people who have been charged can still be released on bail, you want it or not.

Should you need more help in keeping yourself safe? Contact 1stChoiceBail now!