Most criminal offenders are able to be released from jail through the option of bail. This system prevents jail overcrowding and allows defendants to meet personal obligations (work, family, etc.) while awaiting trial. However, bail is not guaranteed and there are situations where a judge may choose to deny bail to a defendant. The most common reasons include:

Citizenship
If someone is not a legal citizen of the United States, they will always be denied bail. They will be held in jail until their trial is over, until an immigration hearing is held, or they may deported to their country of origin via Immigration and Customs Enforcement (ICE).

Flight Risk
Most judges will deny bail for defendants they believe to be a flight risk. A history of attempting to evade prosecution by fleeing the jurisdiction, being a citizen of another country, and/or having access to private forms of transportation that can take you to other countries will likely cause a judge to deem you a flight risk.

Repeat Offenses
Judges deny repeat offenders bail because their habit of repeat offense suggests they don’t understand what it means to be accountable for their actions. If the defendant is on probation or parole when they commit another crime, bail is not only denied, but they are also placed on a parole/probation hold until they can have a parole/probation hearing.

Public Threat
A judge will deny bail if an individual is a continuing threat to the community, meaning they would likely engage in dangerous criminal activity if released on bail. This happens when the judge suspects the defendant will engage in acts such as witness intimidation or witness tampering or if the person has been charged with a crime that’s particularly violent and/or antisocial, including terroristic actions.

Crime Severity
The more severe the crime, the higher the bail and the higher the odds that bail will be denied. Particularly violent crimes (murder, rape, armed robbery) and offenses where the maximum penalty under federal law is lifetime imprisonment (espionage, treason) are considered ineligible for bail. In Georgia, defendants charged with crimes such as aggravated child molestation, rape, home invasion, and illegal drug manufacturing are also likely to be denied bond.

Missed Court Dates
A defendant who does not make it to court for previously designated court dates will often have their bail denied. A judge sees this lack of responsibility as an indication that they are not taking their situation seriously and may not show up to their trial.

Drug or Alcohol Abuse
Defendants with documented histories of drug or alcohol abuse may be denied bail, especially if this abuse is related to their committed crimes. However, they may be allowed bail if they agree to enter a rehab program and/or submit to regularly scheduled drug testing.

If You Are Given Bail As an Option—Call Us!
If you are given bail as an option and need to a bail bonding agency, call us right away! We provide fast, affordable, and reliable bail bonds services to help you in your time of need.