BY | August 7, 2024

If you have been arrested on suspicion of committing a crime in San Diego, online bail bonds usually provide the chance to get out of jail and return home ASAP. But what happens if you are held without bail?

It’s certainly an unenviable situation. However, in this guide we’ll answer all of your key questions, such as;

• What does it mean to be held without bail?
• Why would someone be held without bail?
• What are the repercussions of being held without bail?
• What can you do if bail is rejected?

What Does it Mean to be Held Without Bail?

Following an arrest in the State of California, a bail hearing may be completed during the Arraignment or defendant's court proceedings. Typically, a bail hearing occurs within 24 hours of the booking. Generally, a judge will determine how much money must be paid to the courts in order to secure the defendant’s freedom between now and their trial date. The funds are returned at the end of the trial process unless the individual breaks the bail conditions.

The vast majority of defendants are offered the chance to post bail, either themselves or through a licensed bail bondsman. However, bail is not an automatic right. If the judge decides you are not eligible, you will be held without bail. In this instance, defendants have to stay in custody until their trial date - which could be up to 30 days for misdemeanors or 60 days for a misdemeanor.

Given that the trial itself could last months, though, the reality is that you can be held without bail indefinitely until your innocence is proven in court. So, it is a situation that every defendant wants to avoid.

Why Would Someone Be Held Without Bail?

The California Courts will set a bail amount for most defendants. However, it is ultimately at the judge’s discretion. They are in charge of determining the cost of bail based on the severity of the crime and other factors like the defendant’s criminal history. Alternatively, they may deny bail completely. 

There are several potential reasons for being held without bail. The most common are;

• The defendant has a history of skipping bail, meaning they are a flight risk.
• They have been arrested on suspicion of murder or other very serious crimes.
• Releasing them from custody could potentially put victims or the public at risk.
• They have been arrested for a repeat offense following previous convictions.
• A lack of a permanent address makes it hard to monitor their situation.

Ultimately, then, a defendant may be held without bail if they are viewed as a risk to the public or the legal system. They may also be denied bail if a parole hold exists or if the offense could be punished by the death penalty. 

What Factors Impact the Bail Denial?

The reasons why someone might be held without bail help defendants understand a judge’s potential thinking. But while the decision is at their discretion, they don’t deny bail without genuine concerns of flight or further criminal activity.

Therefore, judges have to take several factors into account when considering bail hearings. They may deny bail if;

• There is evidence of skipping bail or not attending court hearings.
• There is evidence of the defendant committing the same crime.
• The defendant has threatened violence against another person.
• The defendant is likely to tamper with evidence or witnesses.
• There is a past criminal record, even if not linked to this type of crime.

Conversely, though, if the jail time following a guilty verdict is less than the time spent in custody, the defendant will be released. Family relationships, community involvements, and employment status can also influence the decision. 

What are The Consequences of Being Held Without Bail?

Understanding why would someone be held without bail is one thing, but appreciating the consequences for the defendant and their loved ones is another. The harsh reality is that spending 30 or 60 days in custody to await trial, as well as the lengthy trial process itself, will take a toll.

If you’re a defendant who has been rejected bail at a hearing, being held without bail may cause the following consequences;

• Reduced physical and mental health caused by spending time behind bars.
• Damaged reputations as news of your incarceration will spread.
• Potential job loss as well as the financial fallout of not earning money in custody.
• Strained relationships with friends and, more importantly, your family.
• Financial and logistical problems due to being unable to handle life responsibilities. 

For loved ones, the inability to help the defendant in their time of need can weigh down on their shoulders. Likewise, family reputations and finances may be put under a lot of strain while adapting to life without the defendant can be tough too. Moreover, the sense of uncertainty is a problem for all parties.

The Next Steps After a Bail Denial

Whether you are denied bail due to perceived flight risks or dangers to the public, it can be a very scary situation. However, there is no need to give up just yet. It is possible to appeal the decision and request another bail hearing within a few days, typically 48 hours. 

At this time, it will be the defendant’s responsibility to prove that bail is appropriate. Given that the judge has already denied bail once, it is likely that the help of a defense attorney will be needed. They can use their experience and expertise to highlight reasons why the judge’s concerns about a defendant's potential flight risk or public danger are unfounded. 

Additionally, a bail bondsman can support both the attorney and the defendant with relevant advice relating to the bail process. If the bail hearing is successful, they can also post bail on your behalf to secure an immediate release and potentially negotiate a reduced bail fee too.

The implications of being held without bail are significant, stopping you from returning home and resuming your life between now and your trial. If you or a loved one have been denied bail, call Alana’s Bail Bonds for further advice now.