When you’ve been arrested and put in jail, one of the first steps in the criminal law process is the determination of whether you will be given a “no bond.” Though people unfamiliar with the criminal justice system may think that everybody is provided the opportunity to get out of jail by paying bail, that is not always the case.
Accused people who are on probation, who have been charged with violent crimes or who are out on bond for a different offense are far less likely to be given the opportunity for release, as the judge or prosecutor is far more likely to consider them a high risk for failing to return, or even for fleeing the jurisdiction. The same is true for those who have a record that includes having been sentenced to jail more than once.
When a “no bond” or “zero bond” is set, it is the job of your criminal law attorney to make a plea to the judge to set a bail amount. Though the American justice system is based on the theory that all accused people are innocent until proven guilty, the judge still needs to determine whether to trust that you will return to participate in the legal process, and they make that determination based upon factors in your personal life. They also need to consider the level of perceived risk you present to the community.
The best way to lower the sense that you are a risk and to instill confidence in your return is to provide evidence of your responsibility and links to the community. If you fail to do that, you are likely to be denied bail.
In addition to basing the decision on the nature of the crime and any previous criminal record you may have, there are other factors that the court will consider. These include:
- Any ties you have to the community, including having family in the area, being a member of community organizations, religious organizations, or other ties that you are unlikely to walk away from or sacrifice.
- Whether you have a full-time job that you are unlikely to abandon and feel a responsibility toward.
- Whether you have a history of returning to the court following previous arrests.
- Whether you have the financial resources to allow you to escape the area and start a new life somewhere else.
If you have been accused of a crime and need an advocate who will stand up for your rights, contact us today to set up an appointment with one of our criminal law attorneys.