Three Reasons a Judge May Deny You Bail

You have a right to bail. However, that doesn’t mean that a judge can’t deny you that right if the situation warrants it. Some reasons a judge may negate your right to bail are:

  • Flight risk
  • Citizenship
  • Repeat offenses

Okay, those reasons may seem pretty vague. For clarity’s sake, let’s talk about them in a little bit more detail.

Flight Risk

The first and most common reason that a judge may deny you the right to bail is that you’re considered a flight risk. A person believed to be a flight risk is expected to skip bail and fail to turn up at all their appointed court dates. Unfortunately, determining flight risk is entirely up to the judge’s judgment. If you’re a flight risk, then there is little to nothing that can return your right to bail.


Only United States citizens are afforded the right to bail. If you’re not a legal US citizen, you will be refused bail and turned into Immigrations and Customs Enforcement (ICE). You may also face deportation. In short, if you’re not a legal resident of the United States, then don’t even bring up the subject of bail with your judge. It will be denied.

Repeat Offenses

Another common reason for judges to deny bail is repeat offenses. If you commit the same crime (or type of crime) repeatedly, judges will assume that you’re not looking to reform your behavior. If you’re not trying to change, then a judge has no reason to grant you bail. In other words, if you’re a repeat offender, then there is little chance that any judge will grant you bail.

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