When it comes to receiving a bond some states have their rules; others just ban bail altogether. The judge discretion primarily influences the bail guidelines and the various options for release. Moreover, many factors affect the bond approval as well as the bail conditions. To name a few, the crime’s severity, criminal record, and whether the defendant has a connection in the area or not. Personal reputation is a determining factor as well!
However, there are certain precautions the bail bond company and the defendant could take which may increase the likelihood of approving the bond. Conversely, there are few “traps” which can be avoided in the process of passing the bail bond.
The Three Primary Reasons of Bail Bond Denial:
1. The Severity of the Crime:
The harshness of the offense plays a determinate role in approving or disapproving the bail bond. For example, the judge might decide to keep the defendant in jail for the time being. It is a rare case as it only happens in the capital offenses, i.e. crimes punishable by death.
2. Criminal Record:
If the suspect has a (violent) criminal case file, this could be grounds for bail refusal. So, it is conceivable that the defendant will remain behind bars if he has a violent criminal record. Also, if the accused has no criminal record, or committed non-violent crimes, there is a good chance for approving the bond.
3. Connections in the Area:
When the defendant is not connected to the area where the crime is committed, there is a probability of bond disapproval. Usually, if the accused has ties in the area such as family or a job, he becomes more trustworthy in the eyes of the judge.
Increasing Your Chance of Receiving a Bond
- The shortest path to receiving the bond is by proving that the defendant has strong relationships in the area. The way of proving it is by having friends and family sign the bond contract! In the court family and friends could vouch for the defendant. Teachers and bosses can affirm the connection to the respondent as well.
- A lawyer can help in the preliminary hearings. But, an attorney is not necessary at this stage. The bail bonds company may choose to get professional legal help, as that may lead to approving the bail bond quickly. The lawyer becomes a necessity in case the defendant has a criminal record.
- The financial standing of the respondent can also help him get the bail on time. It is more feasible that the court will issue the bond if it knows the defendant’s ability to pay. On the other hand, the defendant or his family would hire a bail bonds company immediately after the arrest. In other words, speed is crucial. The earlier, the better!
- On some occasions, personal reputation could be a point of strength for the defendant. The judge may choose to release the defendant without even posting a bail. On the merit of the respondent’s honor alone. In legal circles, this is called “release on one’s own recognizance.” However, the defendant will still have to go back for trial!
The less violent the crime, it is more likely the bond will be approved. Yet, the “dark” criminal record is grounds for refusing the bail. The solution is hiring a lawyer as soon as the defendant is arrested. Somehow, family, friends, and acquaintances can vote for the accused to get his freedom! To illustrate, when the defendant has ties to the community, the people can vouch for him. It is important to “convince” the judge that the accused won’t try and flee.
Conditions of release are different in every state. Therefore, the judge is free to set the rules by what he sees fit for the defendant in questions. If the bail is too much for the defendant, he can hire a bail bonds company in Bronx NY.