When it comes to any crime, you have probably heard what is ‘innocent until proven guilty.’ Many people think that they have a right to bail, but this is not always the case. Bail works to strike a balance between innocence and the need to ensure that a criminal will stay in one area while they are awaiting trial.
When the Right to Bail no Longer Exists
Sometimes, there are ‘public safety exceptions’ and protective measures put in place that crush the right to bail. This means that, technically, a judge could deny bail altogether when it comes down to a dangerous crime. If the defendant is considered a danger to the public, it could mean that a defendant will not have the chance to be released on bail because of this.
In federal court, something called the ‘Bail Reform Act of 1984’ exists to ensure that a dangerous defendant is not let out of prison while they are awaiting their trial. The crimes that dictate this fall under:
- Violent crimes
- Crimes with maximum penalties of life in prison or death
- Drug offenses with over 10 years in prison
- Felonies involving minor victims
Judges consider many things when they consider if somebody should be permitted to have bail or not. Judges sometimes consider aspects such as the circumstances surrounding the charges, as every crime is different. They also look at the danger of the defendant, which means that they consider what crimes the defendant has committed in the past. They might also look at the strength of the case that the prosecutor has built against the defendant and how strong the case will be.
Yes, sometimes there is a right to bail. However, sometimes this right can be revoked. We want to speak with you as soon as possible when it comes to your case. Call us as soon as possible about your case at the Law Office of Peter Blair.