Can a Judge Deny Bail for a Defendant?

Bail may be automatically denied for several penal code violations, including murder and a prior escape from jail or prison. However, bail may also be denied for a host of other reasons. When a person is arrested and taken to jail and booked, the person will have to stay in jail while he or she awaits his or her trial. If a judge reviews the case and decides that there is a reasonable chance that the defendant will return to court to stand trial for a crime and also believes that upon release, the individual will not pose a threat to society, then the judge will set a bail for the individual.

bail is deniedWhen a judge goes about setting a bail for a person, the first thing he or she will look at is the nature of the crime. The crime will have an assumptive bail rate associated with it. For penal code violation 187 (California for example), which is murder, there is no bail, unless there are special circumstances. The special circumstances might warrant a bail rate that begins at $1 million.

For penal code violations 4532a and b (California for example), which are escape and attempted escape from prison with or without force or violence, there is not bail allowed. However, if an inmate violates penal codes 4532a or b (California for example), which is escape or attempted escape by a misdemeanant, inebriate, or person on work furlough from a jail or an industrial farm, the person will not receive bail if he or she had been convicted. However, if the person had not been convicted, he or she may receive a bail of $100,000, in addition to the bail amount that was posted on the original charge.

The judge might also deny bail for a number of other reasons. For example, if you have already stated to an arresting office or a representative of the pretrial release program that you do not intend to return to court to stand trial for your accused crime, then the judge may not grant your bail. Also, if your crime is so offensive that you could be a threat to civilians if you were released, the judge might also deny your bail, even if there is an assumptive bail amount associated with your offence. Such is the case when a defendant could possibly pose a threat to his victim.