Bail is ultimately up to the presiding judge on the case. In some instances bail will be denied and the defendant will remain in custody of the court. This typically will only occur it the defendant is deemed dangerous or likely to harm themselves or others, substantial evidence are usually required for a judge to enforce this rule.

When Will the Judge Deny bail?

If the facts of the case are strong enough or the suspicion of guilt is high, bail may also be denied. Some of the following instances would be examples of cases where bail is denied to the defendant would be:

• Felony cases involving violent acts
• Felony sexual assault on another person
• If the court decides that releasing the defendant would be likely to cause harm to themselves or others upon release
• If the court determines the defendant will be harmed by others upon release
• If the defendant has made threats and evidence shows the risk of the accused carrying out the threats is great

In Conclusion –

Each time a decision is made to deny bail on any of the above claims a hearing is held on the situation. If the evidence proves that the public and community would be jeopardized by the release of the defendant, bail is denied. The evidence required is dependent on the circumstances specific to the case, the accounts of any witness’ and the previous convictions and criminal history of the defendant. Any defendant denied bail is subject to review by motion of petitioned to the court by the accused.

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