Courts determine the amount of bail being set based on a number of factors, however, occasionally bail will be denied completely.
Defendants are entitled to bail with the exception of the Bail Reform Act, which provides a judge with the power to deny a defendant bail who is considered a danger to either the public, themselves, or witnesses to the crime. Defendants can be presumed dangerous for a number of reasons, some of which include committing violent crimes, repeat offenses, as well as crimes involving minors, weapon possession, and sex offenders failing to register as such, and more.
When a defendant is denied bail, he or she is denied the opportunity for temporary release during the time period between the arrest and their scheduled court date. The defendant will have to remain in the jailhouse throughout the duration of their trial.
If a defendant is denied bail, he or she has the right to an appeal. The first step would be to file motion to modify bail. The second step is arguing the motion. It is extremely important when before the judge to focus your argument on the key points that you want the judge to take into consideration. It is equally important to understand the exact reasons the judge has for (in all likelihood) denying the motion. Be sure to follow up in ordering the transcripts of the oral arguments right away.
After the motion has been denied, begin drafting and filing your appeal. The appeal is a motion that is filed with the Appellate court and must be filed within 10 days of your original motion being denied.
Appealing the denied bail where the defendant appears to be a danger to the community or is a flight risk isn’t likely to be successful. However, appealing for a defendant is denied complexly or where bail is set outrageously high is viable.
