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Is The Public Safety Considered In The Decision To Admit A Defendant To Bail, Or To Deny Bail?

Bail can be denied in certain non­capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption great, bail may be denied in the following instances; in felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm to others. In a felony case, if the court finds on clear and convincing evidence that the accused has threatened another with great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. There the existence of a substantial likelihood of harm must be determined on the basis of the specific circumstances of the case. The decision to grant or deny bail is subject to review on petition by the defendant.

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