When you post bail after getting arrested for a crime it enables you to stay out of the police custody, even when the trial is pending. But it could be that your dear one gets accused of any violent crime! In such a case, will the bail get denied as the States thinks that enabling the accused to move out of jail might risk society. That is not always true.
The judge will keep in mind several factors while deciding whether he should say yes to a bail or not. In certain places, the court should arrange a hearing when the defendant gets arrested for a violent crime before deciding the bail. You can check out Castle Bail Bonds to know more about bail bonds.
Understanding violent offenses
It’s essential to have a clear understanding of violent crimes. A violent offense can include, but is certainly not restricted to:
- Aggravated robbery
- Aggravated murder
- Menacing because of stalking
- Voluntary manslaughter
- Aggravated assault
- Felonious assault
If your dear one gets accused of any of the crimes mentioned above, there is a chance that they might not get immediate bail. Based on the evidence the prosecutor and the person concerned have about the crime, it’s the judge who will decide the bail amount. It indicates that even when you get accused of any crime, you might get released from the prison even when you wait for the trial.
The way a judge decides to grant bail
Whether the judge grants bail or not and the amount he grants- it All gets based on several factors. Certain courts need to opt-in for certain legal rules concerning violent crimes before the judge doesn’t sanction bail. Usually, the court considers the following criminal accusations:
- Aggravated murder
- First or a second-degree felony
- Felony menacing through stalking
- Aggravated vehicular homicide
- Felony OVIs
The judge needs to arrange for a hearing while deciding on the bail amount on such cases. And while the proceeding, the accused and the prosecutor might provide the evidence assisting all the assertions regarding whether the bail should be sanctioned or denied.
Usually, the burden is on the prosecutor for proving by compelling and clear evidence that:
- It’s the accused who is guilty of the offence
- The accused might harm the community or others
- No release condition might secure the community and others
In addition to the weight of the prosecutor’s evidence, the judge might also choose to look at the severity of the alleged offense, the accused criminal history, the employment details, and his association with the community and family. It will enable him to decide on the level of danger that the accused can have once he gets released on bail.
Take the help of an expert bail bond company
If your dear one gets accused of a violent crime, then the bail can get denied. And the judge can set a bail amount that might be beyond the financial capacity of the accused. And it might be challenging for the accused family to pay the complete amount upfront. In such a case there is no need to await the trial as the accused waits in the jail. It is here that an expert bail bond company can help by posting the bail on the accused’s behalf.