Contrary to popular belief, courts do have the right to deny bail. During United States vs. Salerno, the Supreme Court determined that although the Eighth Amendment prevents excessive bail, it does not guarantee an absolute right to bail. This means that defendants may be confined until their court hearing. In light of this information, you may be wondering what could forego your right to bail. That’s why at Lederman, we’ve compiled the need-to-know to keep you informed. Felony Offenses Historically, 2 out of 5 felony defendants are held without bail according to the Bureau of Justice Statistics. Although the exact number varies from year to year, the main takeaway from this statistic is that even amongst felonies, only the most severe crimes may result in denied bail. These include crimes such as murder where enough evidence exists to demonstrate that the defendant may be a threat to society. In the majority of hearings, however, courts will grant bail. In turn, having a trusted local bail bonding company on call is the fastest way to ensure an expeditious release. Failure to Appear in Court Based on a number of risk factors, defendants may be denied pretrial release if there is reason to believe that they will miss their court date. Most notably, defendants who have a history of missed court appearances may be denied bail. On average, less than 1 out of 5 cases result in a Failure-to-Appear (FTA) according to the Office of Justice Programs. In most cases, defendants will not be denied bail on the grounds of a future FTA. Flight Risk Although challenging to prove, defendants may be denied their bail privileges if they are deemed to be a flight risk. This applies to individuals who have: A U.S. passport Substantial financial resources Limited ties to the local community Noteworthy foreign contacts And more In order to deny bail on the grounds of a flight risk, the judge must determine if you have the capability, opportunity, and intent to do so. Closing Remarks In addition to the factors listed above, courts can also deny bail for repeat offenders, undocumented citizens, mental impairments, and more. Although courts do have the right to deny bail, most defendants are granted bail. In turn, having a dependable plan to post bail is key. At Lederman, we are trusted for our bail bond services throughout the Midwest and beyond. Whether you or a loved one needs help with bail bonding, our dedicated bondsmen are here to support you. Get in touch today by calling 800-564-8898.…

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“You have the right to remain silent; anything you say can and will be used against you in the court of law; you have the right to an attorney; if you cannot afford an attorney, one will be provided for you.” In the situation of an arrest, you might hear or be familiar with these words, which are your Miranda Rights. There are certain steps the criminal justice system uses to help piece together cases against defendants. The process is complex, but one tactic police use to help prosecution attorneys build a case is attempting to gather information. Oftentimes in a moment of arrest, panic sets in. Arrestees can become emotional and try to defend themselves, justify, or explain what happened. Our biggest advice here at Lederman is don’t. As tempting as it might be, bite your tongue and wait till you’re in contact with a defense attorney. As the Miranda Rights say, “anything you say can and will be used against you in the court of law.” Remember that remaining silent does not mean you’re admitting guilt or confessing. Staying silent is just exercising your right and avoiding the possibility of providing information that could potentially incriminate you or be used against you in a court of law. Once you are in contact with your defense lawyer you can communicate with this individual and decide how to move forward, but until then, stay quiet! Worried you or a loved one could potentially say something self-incriminating? Besides staying silent, removing yourself or a loved one from jail by posting bond could prevent information from slipping during a police interrogation. Learn more about how bail works and our services.…

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