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Freedom after an arrest provides great relief because you can return home, to work, school, and to anything else that you left behind as you await the determination of your case. However, a pretrial release is not always guaranteed. A court can deny your bail bond application, meaning that you must remain in jail until the end of your case. Here is a guide on what to do to help your situation:
Understand the Court’s Reasons
Although bail is a legal requirement to avoid holding suspected offenders before they are determined guilty, it is not always guaranteed. Courts grant bail when they are assured of your willingness and ability to appear on all scheduled court dates regarding your case. This ensures a smooth continuity of your case. If this assurance is not there, a judge can deny your bail application.
The assurance is lacking if you have a history of failing to appear or are a safety or flight risk. A judge can deny your bail application if you face serious criminal charges and do not have serious ties to your community. You could also be denied bail if you are likely to threaten or tamper with the court’s witnesses or investigation.
When a court denies your bail bond application, it will let you know the actual reason for its decision. This should inform the next action you take if you seriously need a pretrial release.
Consider Alternative Options
A bail release comes with tons of benefits that you ought to consider after your arrest. In addition to ensuring that you are back home, to work, or to business within a reasonable time, you can plan your defense well during that period. You can hire an attorney, gather evidence, and plan your defense to increase your chances of obtaining a favorable outcome in your case. However, you could lose all that and more if the court rejects your bail bond application.
With the help of a skilled attorney, you can consider the available alternatives to assess your suitability for a pretrial release. Some of the alternatives you can explore include the following:
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Petitioning the Court to Reconsider Your Eligibility for Bail
The judge may have denied your bail application because of the surface factors of your case. For example, their decision could have been based on the severity of your charges or a prior case of failure to appear. Although these are some of the critical factors judges consider when determining a defendant’s eligibility for bail, they may not be sufficient to determine your eligibility. You can petition the court to reconsider its decision, providing valid reasons why you should be considered for a pretrial release.
For example, if the rejection was mainly based on a prior case of failure to appear, you can provide evidence of having strong community ties to convince the court of your ability and willingness to appear. If the rejection was based on the severity of your charges, assuring the court that you will appear on all scheduled court dates can work.
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Filing an Appeal
Alternatively, you can appeal the court’s decision in a higher court. For example, if the rejection happened in a smaller court, like a magistrates' court, you can petition a higher court, like the Supreme Court, to revise the order. In this appeal, you can provide valid reasons why you believe in your eligibility for bail. The superior court will review the application and your evidence to make the final decision.
Engage an Attorney
Contact an attorney once your bail bond application is rejected. They will explain the court’s decision, discuss your options, and help you through all the required processes until you get a satisfactory result. There are several reasons you should have an attorney, including the following:
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A skilled attorney knows all the available options when a bail bond application is rejected. They will ensure you understand all of them, and the best one to explore for a favorable outcome.
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Your attorney will help you with all the appeals and applications you have to make to get a positive response from the court. For example, they will help you file a petition to the court to reconsider its decision, or an appeal to a higher court. They will handle the applications to increase your chances of obtaining a favorable response.
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An attorney will know the kind of evidence needed and include it in the application to convince the court to grant your petition. They can also issue a compelling statement if there will be a hearing, and defend you to convince the court of your suitability for bail.
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They can skillfully counter the prosecutor’s case to prove that the court does not have enough reason to deny your bail bond application. If this is the case, the court will grant your application.
What To Do Next
If you are allowed to apply for a bail bond again, make your application stronger than the previous one. Provide all the evidence you have to show your eligibility for a pretrial release. For example, you can provide evidence that you have strong community ties or statements to prove that you are not a safety threat to anyone in your community.
Remember that once you are granted bail, you must abide by all the conditions set by the court. You must appear on all scheduled court dates. Violating your bail can result in serious consequences, which could affect your subsequent bail applications.
Find a Reliable Bail Bondsman Near Me
When you apply for a bail bond in California after an arrest, the court can grant or deny your application. A denied application is devastating because it means that you must spend prolonged periods in jail. This can affect various areas of your life, including your profession and social life. However, you can appeal the matter in the same court or in a higher court with the help of a skilled attorney.
At Alana’s Bail Bonds, we are always there to serve your needs. Should your application be granted and you find yourself without sufficient financial resources to post it, we can help. Call us at 619-468-9333 to learn about our services and rates.
