Can Bail Legally Be Withheld?

bail witholding

There Are A Few Reasons Bail Can Be Withheld.

If you’ve been arrested, you are always brought before a judge for a bail hearing. You may have heard in some cases that judges refuse the opportunity for bail. This is true in some cases, though not a common occurrence. Generally speaking, you can expect the judge to set a fair bail amount, however, there are certain circumstances that can render and individual ineligible for bail. Today we will discuss a few of the most common reasons bail can be withheld.

Past Criminal History

Depending on the previous crimes the defendant has been convicted for, a judge may withhold bail. It is more likely, however, that the judge will simply make the price of bail much higher.

History Of Skipping Out On Bail

If you’ve skipped out on bail before, you are less likely to be given the opportunity for bail in the future. This is because you will be considered a flight risk.

Flight Risk

The judge considers anyone who may try to leave town before their court date, a flight risk. A variety of factors can lead the judge to believe you’re a flight risk, from missing previous court dates, to being from out of town, or being belligerent at your bail hearing.

Danger Risk

The most common cause of bail withholding, is when the judge believes that the defendant is a danger to society. For allegations concerning murder or particularly violent crimes, it is likely that bail will be withheld.


To learn more about the bail process, call our expert bail agents today at (888) 866-8376!