When is Bail Withheld?

The law states that everyone has the right to bail, but sometimes bail can be withheld. This is because of several factors that determine whether a person can safely be allowed to be released from prison prior to their court appearance.

picture of a jail cell

A judge will determine whether a person should be allowed to post bail based on past criminal history. If the judge decides the risk of the arrested person fleeing once they leave jail, the right to bail could be denied. If a violent crime was committed, a judge usually denies bail in order to protect the public. The judge will look at past criminal history as well. A repeat offender is more likely to have their right to bail denied.

In some cases, when it is a misdemeanor or nonviolent crime, a judge isn’t required and the bail will be determined from a bail schedule. The schedule is used to set the bail at a predetermined amount based on the crime committed.

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