Why do judges give no bail?
Asked by: Ms. Ashley Konopelski | Last update: February 10, 2026Score: 5/5 (21 votes)
Judges deny bail (or set "no bond") primarily when a defendant is deemed a significant flight risk or a danger to the community, often due to violent charges (like murder, rape), extensive criminal history (especially repeat offenses), or strong evidence of guilt, with the goal of ensuring court appearance and public safety before trial. Decisions balance the constitutional right to release against risks, focusing on severity of crime, criminal background, and flight potential, even allowing detention without bail for dangerous individuals.
Why do judges deny bail?
Understanding the reasons why bail might be denied in California is crucial. This knowledge can help you and your defense team prepare for court and address potential concerns effectively. A judge can deny bail in your criminal case if they think you are a flight risk or a threat to public safety.
Why would you not be given bail?
It might be the seriousness of the offense (like a capital or life felony), a violation of probation with no statutory right to bond, a troubling flight history, or even an immigration hold. Judges can also decide someone is dangerous to the community, effectively ruling out bail.
Why would someone get a no bond?
The court can decide to hold someone in custody without bond for a number of reasons. Often, it's due to the severity of the crime or the perceived risk of the individual. For instance, cases involving violent crimes, perceived flight risk, or repeat offenders are likely candidates for a No Bond order.
Who is not entitled to bail?
[A]s a rule, all persons charged with a criminal offense have the right to bail. However, persons charged with an offense punishable by cannot avail of this right if the evidence of guilt is strong.
Report Suggests Giving Judges Power to Set 'No Bail' for Dangerous Defendants
When can bail not be granted?
Bail should be denied only when there is a risk of absconding, tampering with evidence, or influencing witnesses. While determining whether to grant bail the following two aspects have to be taken into consideration: i. Seriousness of the charge, and ii.
What states don't allow bail?
Currently, eight states do not have a bail bond system: Illinois, Kentucky, Maine, Massachusetts, Nebraska, Oregon, Washington D. C., and Wisconsin. Illinois not only bans bail bond agents, but attorneys and some state employees are not permitted to post bail for defendants either.
Why would someone be in jail with no bond?
If you're charged with a serious or violent offense, the magistrate or municipal judge may not have the authority — or the discretion — to set one at your initial hearing. In that case, you'll remain in jail until a higher court can review your bond status.
How to convince a judge to not put you in jail?
One of the most effective ways your lawyer can help keep you out of jail is by negotiating a plea bargain with the prosecution. They may be able to convince the other side to reduce the charges or recommend a lesser sentence in exchange for a guilty plea.
Is it better to pay bail or bond?
It's better to pay bail directly if you have the full amount upfront for a refund, but a bail bond (using a bondsman for a non-refundable fee, usually 10%) is better if you can't afford the full bail, offering quicker release and easier logistics at the cost of that fee. Your best option depends on your finances: cash bail saves money long-term if you appear, while a bond makes immediate release possible for a smaller, non-recoverable cost.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What reasons cause charges to be dropped?
Criminal charges get dropped due to insufficient evidence (not enough to prove guilt beyond a reasonable doubt), constitutional violations (illegal searches, lack of probable cause), key witness issues (unavailability, unreliability), procedural errors (mishandled evidence, incorrect filing), lack of prosecutorial resources, or new evidence emerging that helps the defense. Prosecutors also use discretion to drop minor charges, especially for first-time offenders, to focus on more serious cases.
What happens when bail is denied?
If the judge denies bail, the defendant will remain in jail until the trial or until another legal proceeding occurs, such as a pretrial conference or motions hearing.
Is no bond good or bad?
It Allows People to Be Released Awaiting Trial Without Debt or Jail Time. Many defendants who qualify for no cash bail get to return home while they wait for trial. This allows them to keep working, care for their families, and prepare for court. They don't have to borrow money or pay a bail bond company.
Why would someone not be granted bail?
If you are charged with a non-imprisonable offence you can only be denied bail if you have previously failed to surrender and there is a belief you would do so again or following a breach of bail.
On what grounds can bail be cancelled?
Bail can be cancelled for serious misconduct after it's granted, such as violating conditions, committing new crimes, tampering with evidence, intimidating witnesses, fleeing the jurisdiction, or interfering with the investigation; courts require strong, compelling reasons, as it's a serious step against personal liberty, often triggered by the accused misusing their freedom or posing a risk to justice.
What does $20 get you in jail?
In jail, $20 can buy several small necessities from the commissary like toothpaste, stamps, snacks (ramen, chips), socks, or hygiene items, but it won't cover luxury items, extensive phone time, or medical copays, which can cost $10-$20 per visit; it's a starting point for basic comforts beyond what the facility provides, though often at inflated prices.
What not to tell a judge?
You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility.
What is the 72 hour rule in jail?
The "72-hour rule" in jail generally means law enforcement must bring an arrested person before a judge or file formal charges within 72 hours (excluding weekends/holidays) of arrest, or the person must be released, though this is a guideline, and delays (especially for lab results) can occur. This initial appearance, called a preliminary hearing or arraignment, determines bail and appoints counsel, influencing the case's early direction.
How long do you sit in jail with no bond?
The maximum stay depends on the court system. Typically you will be held until your trial, also called “pretrial detention.” While you have the right to a “speedy” trial, the definition of this is up to the court and can vary. This means you might be kept in jail for anything from a few weeks to several years.
Why do people get no bail?
The California Supreme Court has ruled that it is unconstitutional for courts to hold someone in jail on bail solely because they cannot afford bail. Therefore, in Los Angeles county, many people arrested for misdemeanors and non-violent crimes are released on their own recognizance.
How much do you have to pay if your bond is $1000?
If a bail bond is set at $1,000, you typically pay $100 (10%) to a bail bond agent as a non-refundable fee to secure release, or you can pay the full $1,000 directly to the court as a cash bond, which is usually refunded after the case ends if conditions are met. The choice depends on whether you want a lower upfront cost with a fee (bond agent) or pay the full amount for a potential refund (cash bond).
How much is bail on a $1000 bond?
For a $1,000 bond, you typically pay $100 to a bail bond agent (10% fee) to secure release, as this premium is their non-refundable service charge, allowing them to post the full $1,000 bail with the court on your behalf, but you can also pay the full $1,000 directly to the court if you have the funds and want them back later.
What crimes have no bond?
Non-bondable offenses are serious crimes, such as murder, rape, kidnapping, terrorism, aggravated sexual assault, and large-scale drug trafficking, where a judge denies bail because the defendant is presumed a significant flight risk or danger to the community, often due to the severity of the potential punishment (life/death penalty) or the defendant's criminal history, requiring a court hearing to potentially set conditions for release.