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When Can a Judge Deny Bail?

Posted by Jarrod M. Wilfert | Dec 16, 2019 | 0 Comments

A bail hearing is a judicial process by which a court determines whether to release a defendant from jail while he or she awaits trial. At the hearing, a judge can either release the defendant on his/her own recognizance, require him/her to post bail, release him/her on certain conditions, or deny bail altogether.

The following are some of the main reasons a judge might deny bail in California:

  • Felony offenses – Felonies consist of capital crimes, violent crimes, and sex crimes. If there is any clear and convincing evidence of the underly facts, the bail can be denied.
  • Repeat offender – If a defendant is currently on probation or parole for another criminal offense, the judge can deny bail since that individual has already agreed to the terms of probation or parole. Furthermore, repeat violent offenders are often considered a threat to the public in the eyes of the courts.
  • Flight risk – If a defendant has a history of missing court dates or is likely to flee the state or country to avoid trial, then they are considered a flight risk.
  • Immigrant – Whether a defendant is a legal or illegal immigrant in the U.S., a judge will most likely deny bail. If a person is here illegally, the court may contact Immigration and Customs Enforcement (ICE).

On the other hand, if the judge determines a bail amount, the defendant can be released from custody boy posting cash, a bond, or other security. The most common way to post a bond is through a bail agency, which typically costs 10 percent of the bail amount—and nonrefundable.

If you or a loved one has been arrested in Ventura, contact Wilfert Law P.C. today at (805) 994-0560 to schedule a free consultation with our legal team to discuss your legal options.

About the Author

Jarrod M. Wilfert

Founding Attorney A Reputation of Excellence Jarrod M. Wilfert has been involved in criminal law for over a decade and as a former Police Officer, Prosecutor and certified Drug Recognition Expert, he brings a unique and aggressive perspective to the practice of criminal defense and civil litig...


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