Can a Judge Refuse to Grant Bail?

For anyone who is arrested for a crime, the first thing the accused would try to do is to pay bail in order to be released from jail until the next hearing. This can be done through paying the bail with their own money or going through a bail bond company.

Now, the question to be asked “is bail an absolute right?” or are there insinuating circumstances wherein bail can be denied?

The quick answer here is yes, a judge can refuse to grant bail to an accused. While granting of bail is a presumed entitlement of a defendant, there are exemptions, and this is placed under the discretion of the judge managing the case.

Under the California Constitution Article, I, Section 12, a court has the ability to deny bail on certain crimes involving sex. It states the following:

“A person shall be released on bail by sufficient sureties, except for: ….(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is substantial likelihood the person’s release would result in great bodily harm to others.”

There are three primary things that a judge considers when they decide to deny bail or not in California such as:

● The person is accused of committing a crime
● That for the purpose of deciding about the bail, the person is presumed guilty of the crime in order to ensure safety
● If the prosecution is able to show convincing evidence and argument that by granting the person bail and released would present a danger to the public.

In other words, deciding whether or not to deny bail rests on the safety and security of other people. The safety of the many outweighs the entitlement of one. So, if all these criteria are met, the judge can deny the opportunity to post bail in order to protect the public. This is especially true for crimes that involve violence against another person and felony sexual assault offenses since this may happen again if granted bail.

For example, if the defendant is accused of raping someone, the judge may deny bail based on the prosecutor providing convincing and undeniable evidence that there is a likelihood that the defendant would cause great bodily harm to another person if granted bail.

What Happens if Bail is Denied
If the defendant is denied bail, he or she would have to remain in jail throughout the duration of the case. This means that the accused would only be able to leave the jail cell on his or her court dates.

Legally, the defendant is presumed innocent until proven guilty. However as mentioned earlier, the safety of the public takes precedence. It does happen that an accused can be denied bail for months or even years only to be found not guilty by a jury. On the other hand, a judge can release the defendant only for that person to skip bail and commit another crime while released. This is what denying bail hopes to stop.

The best thing to do in this situation is to consult a defense attorney in order to make the best possible decisions for the case. If you need a 24/7 Bail Bond Company California contact us today!