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4 Reasons Why Courts Deny Bail

Jan 18, 2019Blog, Legal Tips

Bail is the amount of money paid by a criminal defendant to secure their temporary release from custody pending trial and act as a guarantee of their appearance in court. According to the United States Supreme Court interpretation of the Eighth Amendment and Federal Bail Reform Act of 1984, bail is not an absolute right to the accused. Therefore, courts have the discretion to grant or deny bail depending on the nature of the crime committed and the history of the defendant. Here are four reasons why a court in Las Vegas deny you bail:

1. If the crime committed is severe

According to the federal law, not all types of crimes are bailable. Capital offenses like treason, espionage, murder and other offenses punishable by life imprisonment or death are not bailable. The federal regulations, being above the state and local laws in the makes it mandatory for states to comply. Thus courts in Las Vegas, Nevada are obligated to deny bail to any defendant accused of committing capital offenses.

2. If the Accused is a Threat to the Society

The judge has the power to deny bail if there are adequate reasons that the temporary release of a suspect is a threat to society and can tamper with the case. The courts in Las Vegas are obligated to protect victims and witnesses from any form of harm. Consequently, judges should deny bail if there are adequate reasons that the release of the accused possesses a threat to the lives of the witnesses. Additionally, the court will deny bail if the release of the suspect is capable of tampering with the evidence. The objective of the judicial system is to ensure that justice prevails to all parties. Therefore, if granting bail to an accused will allow them to contact the witnesses or tamper with the available evidence, the courts have the authority to deny bail.

Courts in Las Vegas, Nevada grant bail if the accused promises to obey the law. Subsequently, if the defendant breaks the law and is arrested while they are out on bail, the judge has the discretion to deny bail on both charges. The conduct of the accused while released on bail determines if the courts will quash their bail application because they are a threat to the public.

3. Appearance in Court

Courts in Las Vegas, Nevada grants bail on condition that the defendant will be present for all their scheduled court hearings. Judges can deny bail to anyone who shows signs of missing the court proceedings. The judge should issue a bench warrant when a defendant absconds court hearings. The order authorizes for the rearrest of the suspect, and the court has the discretion to increase the defendant’s bail or revoke their bail application after the second arrest.

When bail is granted to accused people, they should remain in the county where the arrest took place unless permitted by the court to move to another jurisdiction. However, not everyone arrested in Las Vegas lives there. Therefore, courts have to consider whether the accused is a flight risk. People who are a flight risk are denied bail because they can easily abscond court proceedings. The same analogy applies to individuals who are not citizens of the United States. Judges will deny them bail because they can return to their countries before the completion of the trial.

4. Use of Alcohol and Substance Abuse

For people arrested on charges that involve alcohol and drug abuse, the courts or bail bond agency may require the suspect not to use the substance while out on bail. The judge may recommend random or routine tests for drugs and alcohol to be conducted. If the accused fails any of the tests or is found to be drinking alcohol or abusing drugs, the courts may revoke their bail.

Granting of bail in Las Vegas, Nevada is dependent on the nature of the case and the conduct of the defendant. However, you should ensure you work with the right bail bondsman in Las Vegas. At 8-Ball Bail Bonds we offer legal advice that will expedite the bail process. Feel free to contact us for all your bail needs.