If you’ve been charged with a crime and placed under arrest you will be granted the right to remain silent, the right to legal representation and the right to reasonable bail. There are, however, some pre-conditions that will apply where bail is concerned.
Bail is set by the judge who is in charge of the case but before he does that he must be convinced that a defendant is deserving. In order to make that determination, the judge will consider several factors. His first obligation is to the community into which the defendant will be released. If the crime is of a particularly violent nature the judge may consider the defendant to be a threat to society and refuse to grant bail in any amount.
The philosophy behind the right to bail is that a defendant is released from custody with the understanding that he will be present in the courtroom when the judge requires him to. This could include hearings to determine new evidence, witness testimony or any pre-trial decisions that need to be made. If the judge suspects that the defendant might try to escape the jurisdiction to avoid trial he has the right to deny bail.
If the prosecution is convinced that the defendant is a flight risk he has the responsibility of persuading the judge to agree. The defense can present testimony from the defendant’s employer, family members or others who can attest to the fact that the defendant is employed is a respected member of his community and that he is a responsible head of household. The judge does have the discrepancy to either deny bail completely or to attach certain stipulations to the bail agreement. A defendant who the judge feels may be likely to flee could be ordered to surrender his passport or wear a monitoring device.
Bryan Easley, founder, and head of BWB Bail Bonds in Denver has previous experience in law enforcement and understands the way the court system works. The agents who represent BWB will respond to your call for help 24/7. Reach out to them @ 720-358-2908.