Bail is a financial guarantee that a defendant will appear in court for their trial without the need to keep them in jail in the meantime. Following your arrest, you will be required to attend a bail hearing, at which a judge will set your bail amount. If you are unable to afford the full amount of bail – which is usually a significant amount – you will still be released via surety bond. However, sometimes things don’t work out as you hope and you find you have bail denied. If this happens to you, don’t worry – there may be things that you can do to avoid jail while you wait for your trial.
Why was your bail denied?
There is a multitude of factors that may have lead to the decision to grant or deny bail. It could be something as simple as your social status, gender, or employment background. If you have a history of failing to turn up for court appearances when you were granted bail in the past, or you were arrested in a different state, this may lead to your bail denied. The crime for which you have been arrested may have been too violent or too serious for bail to be awarded, and any past criminal history will be taken into account too.
Talk to your attorney
If your bail is denied, the first thing you should do is find an attorney. There are only a few conditions in which a judge can refuse bail, so it’s important to make sure these conditions are met in your case. Your attorney will advise you on how to better appeal the bail denial, such as by presenting evidence that contradicts the threat to the community or by seeking leniency if you were arrested while out of state or if you have a history of explainable court absences.
If you have been criminally charged but are unable to afford your bail, there are some bail bond options available to assist you in arranging your release. Although your bail bond payment is non-refundable, cash and surety bonds enable you to pay a fraction of the overall bail figure rather than stay in jail until you are due to stand trial.