Criminal Law and Bail Applications
A bail is a certain amount of money that a person accused of a criminal offense pays before trial. It allows him to walk free during the duration of the trial. Not all accused criminals can be granted bail, and if you are wondering why a defendant would be denied bail, read on to find out.
There are many reasons for denial of a bail application. It might be that the prosecution fears the accused will disappear before the trial and evade the wheels of justice. It could also be that there is the risk of case evidence being destroyed by the accused once he is set free. Most denials, however, are made because the accused is seen as a threat to himself and the community, and it is impossible to keep a close watch on him or her 24/7.
When a person is accused of criminal wrongdoing, a bail hearing is set. During this time, Tweed Heads criminal lawyer for prosecution and defense will present their case for denial or approval of bail. A judge will hear the arguments and make a decision. Although a lack of objection by the prosecution does not automatically indicate bail approval, it does affect a judge’s decision to grant bail.
In different countries in the world, bail hearings are usually done in more or less the same way. Both sides appear before a judge and present their arguments. The judge then decides to grant bail and the bail amount.
How much an accused person or a third party pays in bail is not arbitrary. Judges adhere to certain guidelines, like $500 for petty misdemeanors that are not violent, although they can lower or increase the specific amount based on the details of each case. Apart from the seriousness of the crime, judges also take into account a defendant’s criminal record, employment and ties to the community.
If a person cannot pay bail, there are third parties out there that offer private bail bonds. They pay the bail and charge 10% to 15% of the bail amount. Most of these companies, however, cater only to clients with high bail amounts.
In the case of denial of bail, some judges decide on it based on certain circumstances, like when another jurisdiction has a warrant on a defendant. A judge will most likely keep a defendant in custody until the other jurisdiction pursues its case.
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