Will Having a Criminal Record Result in Bail Denial?

Will Having a Criminal Record Result in Bail Denial?

A criminal record does not necessarily mean a judge will deny bail. However, a person’s past is one of the many factors the judge will consider when determining whether to set bail and at what amount. If bail is set, the price may be too high for the individual to pay on their own. In that case, they might need to hire a bail bond company to help secure pre-trial release.

At Andy Callif Bail Bonds, our Columbus team assists people in getting out of jail while awaiting trial. Call us at (614) 945-4334 or contact us online today.

The Importance of Pre-Trial Release

Pre-trial release offers enormous relief and advantages for those facing criminal charges. By allowing the accused to remain outside of custody while their case is pending, they have the privilege of fulfilling important responsibilities. Not limited by the confinements of jail or visiting hours, the individual can have more regular access to friends and family, enabling them to take care of their loved ones and tend to other obligations.

Additionally, pre-trial release allows the individual to work more fully with their defense team and better prepare for the proceedings ahead.

Moreover, pre-trial release keeps people from being held behind bars even though they are presumed innocent. The practical benefit of this helps to preserve a sense of well-being while the individual awaits trial.

A Judge Can Deny Bail

Despite the advantages of pre-trial release, not all defendants will qualify for it. In criminal cases, bail is not an absolute right. The judge can grant or deny it without infringing on an individual’s constitutional protections. The only thing considered a violation when it comes to bail is imposing an excessive amount. That means it is set so high that it serves only as a punishment.

When a judge is deciding whether to let a defendant out on bail, they will consider many factors.

Ultimately, their decision will be based on the following:

  • The risk the individual poses to the community,
  • The likelihood of the defendant returning to court when required, and
  • The possibility of the individual interfering with the justice process.

The Effect of a Criminal Record on Bail

A criminal record is one of the many factors a judge will consider concerning bail decisions. While the judge may take other elements into account, such as the defendant’s finances, ties to the community, and the strength of the evidence against them, they might give extra weight to the individual’s past if it’s relevant to the current situation. Still, their history might not result in bail denial altogether.

Aspects of a person’s criminal past that might cause the judge to deny bail include, but are not limited to, the following:

  • Repeat offenses: The defendant has multiple arrests or convictions for the same crime.
  • Dangerous criminal: The defendant has been arrested or convicted for serious felonies, such as armed robbery, murder, or rape.
  • Probation or parole violations: The defendant failed to comply with the conditions of release.

That said, each case is unique, and the outcomes will vary based on the circumstances.

The Bail Amount Could Be High

The judge might not deny bail altogether because someone has a criminal history. Still, they could set a substantial bail amount. High bail amounts are not considered excessive if the judge can prove that such is necessary to protect the community and ensure that the justice process proceeds without obstruction.

What to Do When Bail Is Set

Even though a bail amount might not be excessive, it could still be out of the financial reach of the defendant or their loved ones. Paying thousands or hundreds of thousands of dollars might not be practical.

In these cases, the individual could contact a bail bond agency for help. For a non-refundable 10% premium, the company would post a bond on the defendant’s behalf. Thus, the individual could be allowed pre-trial release for a fraction of the total bail cost.

Additionally, when a person chooses to work with a bail bond agent, they benefit from the agent’s insight into the process and their knowledge of the court system. Their assistance can make the experience easier to manage.

Get the Help You Need for Pre-Trial Release

If you or a loved one has been arrested and need help bailing out of jail, reach out to Andy Callif Bail Bonds. We assist individuals in Columbus and the surrounding areas and are available 24/7 to take your call.

To get started on the bail bond process, contact us at (614) 945-4334 today.


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