Dollars under wooden gavel

Common Grounds for the Rejection of Bail

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When arrested, the first thought virtually everyone will have is when they will get their freedom back. They will thus set out making as many calls as the law will allow getting someone who will guarantee their freedom in the shortest possible time. Your attorney will file a bail application to get you out of jail awaiting your trial. Bail, in this case, will be a trade-in of money or property in exchange for your release provided you attend your hearings.

Bail bonds in Wake County, NC, are unfortunately not automatic even if your offense is bailable according to your state and local laws. The courts consider several elements in your bail application before delivering a verdict. The following are among the grounds that might cause the courts to deny your bail application.

Untoward Conduct in Court

The way you will present yourself in court determines whether or not the judge will grant you bail. You cannot be violent and use abusive language in court and think a judge will overlook this just because your offense is bailable. Be presentable for your bail hearing and pay attention to the words you use and your general demeanor. Untoward conduct will only paint you as a violent and uncouth person who should be kept as far away as possible from the general public.

Considerable Flight Risk

The judge is no fortune teller and cannot ascertain that you will or will not attend all your scheduled court hearings. They will thus rely on discretion to assess your flight risk level. Most courts might not be so favorable when handling bail applications for people with dual citizenship. Your attorney can nonetheless convince a judge to grant bail but hold your passport instead. Defendants without strong community ties are also regarded as having a high flight risk.

Prior History of Missing Court Dates

If you have a criminal history and have missed your previous court hearings, this might be used against your application by the prosecutor in your case. The courts might nonetheless be lenient if you have a genuine and reasonable reason as to why you missed the hearing. If for instance, you were sick, furnish the courts with medical records proving the same.

Mental Impairments with No Supervision

Judge reading document in front of suspect

People react differently when accused of different crimes. Some will become aggressive or go into a deep depression. There is no telling how the safety of the community will be affected by a person with mental impairments. The courts will thus only grant bail if the person has a loved one to supervise him/her. Most judges will have court-ordered mental treatments as a condition for the granting of bail in cases where defendants have different levels of mental impairment. They might also need periodic reports from your physician detailing your progress.

The amount of bail a court sets should not concern you provided the above grounds can be expertly handled if they exist in your situation. This is because a bail bondsman can pay the amount a court sets on your behalf. This is in exchange for a percentage of the amount as the fee for the service along with a guarantee.

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