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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.

Other Bail Specifics FAQs

Q: How Much Does A Bail Bond Cost?
A: Federal Courts 15% of the bond amount Immigration Bond 20% of the bond amount State Courts Anywhere between 10% and 15% of the bond amount, depending on the state in … More
Q: What Is Bail?
A: The term Bail is used in several distinct senses: (1) It may mean the securitycash or bondgiven for the appearance of the prisoner. (2) It may mean the … More
Q: When Talking About Bail, What Do You Mean By The Term Undertaking?
A: An undertaking is a permissible type of bail security. The taking of bail consists of a competent court accepting an undertaking of sufficient security for the … More
Q: Must You Always Use A Bail Bondsman?
A: The defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for each court to adopt … More
Q: What If Someone Believes That The Money To Be Used To Bail Someone Out Is The Product Of Criminal Activity?
A: The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the … More
Q: What Is The Purpose Of Bail?
A: The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a … More
Q: Is Bail A Matter Of Right?
A: Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain … More
Q: What Is Considered By The Court In Fixing The Amount Of The Bail?
A: The amount of the bail is primarily within the discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to punish, … More
Q: Does The Bail Bond Continue Forever, Can You Get It Back?
A: When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated … More
Q: What If The Defendant Is Sentenced To Probation?
A: A defendant who is convicted and given probation is released from custody, and the bail must be exonerated.