In the vast majority of arrests that occur in North Carolina, a bail rate is offered and the defendant has the opportunity to be released pending trial. Sometimes, though, bail is denied by a judge. Why does this happen? Can anything be done to reverse a denial of bail?
The definition of a bail bond is money used as a promise to return for trial. When someone is arrested and appears before a judge, the judge has many variables to consider in determining bail. An important factor in the decision is how likely the defendant is to return to court for trial. What variables increase the likelihood that a judge will deny bail? Among them are:
Certain felonies, such as murder, escape from prison and attempted escape from prison, carry an automatic denial of bail:
1- The defendant is a flight risk.
2- The defendant has a significant prior criminal record.
3- The defendant poses a danger to the community and/or the alleged crime victim(s).
4- The defendant displays an antagonistic, contentious emotional state.
5- Past and present mental health status is considered.
Also, if a defendant specifically states that they do not plan to return for trial, then the judge may not grant bail.
It is notable that there are some special circumstances that allow bail to be granted where it normally would not be. Even with the charge of murder, the judge may weigh any special circumstances and set a bail rate of $1 million or more.
Can anything be done to reverse a judge’s decision to deny bail? Yes, a defendant or their attorney may file an appeal to request bail be reconsidered. The same may be done when a defendant believes their bail is excessive. A defendant will remain in jail until the appeals are considered and ruled upon.
Do you have questions about the process of posting bail, even in difficult circumstances? Call Ace Bail Bonding today at (919)337-2862!
Licensed bail bonds professionals are available 24 hours a day.