Every American who faces criminal charges has the right to a fair and speedy trial, but not every citizen has the right to bail. “Bail” refers to the process of releasing a defendant from custody in exchange for his or her promise to show up for all scheduled court hearings. Most defendants have to give the courts reassurance in the form of money — a bail bond — or property, which the courts will hold as collateral until the judge reaches a final decision. While a judge will accept bail bonds in Ann Arbor in most circumstances, there are some in which he or she will deny release altogether. Below are a few common reasons a Michigan judge may deny you bail.
The Severity of the Crime
The nature and severity of the crime is the number one factor most judges will consider when determining bail. Some offenses, such as murder, armed robbery or aggravated rape may all serve as bars to bail. In some felony cases, a judge may not deny bail outright but simply impose an extremely high amount that the defendant is unlikely to meet. If the judge sets your bail to an exorbitantly high amount, still consult with a bail bondsman in Ann Arbor to see what he or she can do for you.
The purpose of bail is to allow a defendant to resume his or her daily routine while awaiting a hearing, which can take months or even years to occur. The bond provides reassurance to the state that the defendant will, in fact, return. If a judge feels that a person is likely to flee to avoid prosecution, he or she may deny release altogether.
The state has little tolerance for repeat offenders, especially if an offender committed a crime while on probation or parole. If the judge feels that you have not learned your lesson from a prior sentencing, or if you abused the freedoms granted to you via parole or probation, he or she may determine that you are not a good candidate for bail, in which case it will be denied.
Missed Court Dates
Defendants who make it a happy of missing court dates prior to the bail hearing may have their bail denied. Missing court dates is a key indicator to the state that the defendant does not take the criminal justice process seriously and is unlikely to show up when it matters most — the final hearing.
A judge has the responsibility to take into consideration the safety and well-being of the general population. If a defendant appears deeply disturbed, shows little to no remorse for his or her actions or committed such a violent crime that it shows a complete lack of consciousness, the courts have every right to deny bail. In fact, it would be in the best interests of the judge and his or her career to deny bail in such a situation so as to avoid public outcry.
The U.S. courts do not have the right to grant a person bail if said person cannot provide proof of citizenship. Moreover, if a defendant doesn’t produce adequate documentation, the courts will be forced to hand over jurisdiction to the Immigration and Customs Enforcement office. Depending on the nature and severity of the crime, ICE may decide to deport the individual back to his or her home country.
Obtaining Bail in Ann Arbor, Michigan
If you face criminal charges in Michigan and want to return to your life, family and responsibilities before your final hearing, reach out to our bail bond agency in Ann Arbor for swift financial assistance. Our bondsman will do what we can to ensure you get out of jail and back to your life as quickly as possible. Don’t delay, and call us at 586-770-7411, or contact us online today.