The Exceptions to the Right of Bail

prison 1In terms of constitutional provisions, the only thing that is set out in the Bill of Rights is that which prohibits “excessive bail.” There is nothing in the law, whether in the United States Constitution or whether in State laws, that declares that bail is an absolute right guaranteed to any citizen. There is no such thing as an absolute right to bail.

The main purpose of bail is to guarantee the defendant’s presence during his scheduled court hearings. When a defendant posts a bond in the form of either cash, property, a bail bond, or surety, the bond will be forfeited should defendant abscond. The amount of bail, therefore, should be substantial enough to compel the defendant’s presence during trial. Otherwise, he loses the cash or property he has put up for bail.

prison 2In general, however, and aside from certain exceptions, courts are in favor of granting bail to the defendant. Numerous studies have shown that whether or not the defendant is free or is in prison before his trial can have a huge impact on how the case eventually turns. A defendant who is incarcerated before his trial has very limited means of preparing for his defense. Granting bail by a bail bonds rancho cucamonga california company will help ensure as fair a trial as possible for the benefit of the defendant.

In certain instances, however, bail must be denied, and the defendant is expected to remain in jail before and pending the resolution of his case. Each case is different, and ultimately the judge’s discretion will carry the most weight, based on his appreciation of the facts of the case, the defendant’s background and criminal history, and the safety and welfare of the public. Some of the factors that the judge takes into considerations, and which could constitute exceptions to the right of bail, include the following:

  • If the defendant is a repeat offender and was only out on probation or parole
  • If the defendant is accused of a severe crime, where the possible penalty is either death or life imprisonment
  • If the defendant is a flight risk and is expected to skip out on his bail once released
  • If the defendant poses a threat or danger to the community, such as when they are facing charges for a violent crime, and there is enough evidence to the effect that defendant is most likely guilty of the crime charged. The defendant is then considered dangerous and will be kept in detention for reasons of public safety, also sometimes referred to as protective detention.