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
- Repeat offenses
Okay, those reasons may seem pretty vague. Let’s talk about them in a little more detail for clarity.
The first and most common reason 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, little to nothing 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 in to 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.
Another common reason for judges to deny bail is repeat offenses. If you repeatedly commit the same crime (or type of crime), judges will assume that you’re not looking to reform your behavior. If you’re not trying to change, a judge has no reason to grant you bail. In other words, if you’re a repeat offender, there is little chance that any judge will give you bail.
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