After an arrest, you’ll naturally want to return to your home environment and loved ones as soon as possible. The bail bond system makes it possible to do this in the majority of cases. In some instances, however, you may find yourself remanded without bond.
This can come as a devastating blow and may make it more difficult to secure an adequate defense before your trial date. In this article, we consider what it means to be remanded without bond, the ramifications of this decision, and whether or not there’s anything you can do to change this outcome.
Remanded Without Bond: What Does it Mean?
When an individual is arrested, a judge will typically determine a bail amount based on things like the severity of a crime and an individual’s flight risk. A defendant must then secure payment of this bail amount, either through direct payment or with the help of a bail bondsman, to ensure their pre-trial release.
When a defendant is remanded without bond, a judge has chosen to deny the opportunity to post bail for reasons that might include high flight risk or crime severity. Murder defendants are most likely to be remanded without bond. Defendants with an active criminal justice status are also four times more likely to have bail denied.
If you or a loved one are remanded without bond, it means there is no chance for release before a trial date. Instead, you will be required to remain in jail until your hearing.
Understanding the Legal Process: No Bond Granted
In California, bond arrangements are at a judge’s discretion. A judge may legally remand an individual without bond in cases such as –
- Severe crimes like murder, rape, or burglary
- Repeat offenses
- Flight risks like a lack of permanent address
- A history of failing to appear in court
- Etc.
A judge may also remand a defendant without bond in cases where they deem that individual to be a risk to the public. This is to ensure the individual does not commit another crime before their initial hearing.
Life Behind Bars: What is The Lasting Impact of Being Remanded Without Bond?
Being arrested is distressing, and many defendants seek bond agreements to return to normality as quickly as possible. When an individual is remanded without a bond, that option is taken away from them. That can have severe consequences.
Most notably, being remanded without bond can take a significant toll on an individual’s mental health. This is for reasons that include isolation from loved ones, and a lack of home comforts. Poor mental health can then impact outcomes when a defendant’s trial date arrives.
Being remanded without bond can also make it far harder to seek strong legal representation, or build a good case. On a more personal level, being remanded without bond can also lead to issues that might include lost work, compromised housing, and relationship breakdowns.
Unbreakable Chains: The Far-Reaching Impact of Being Held Without Bail
Being remanded without bond has obvious repercussions for a defendant and their trial, but it can also have a huge and far-reaching impact on that individual’s loved ones. This is because they will not be able to offer comfort or support, and will not be able to speak privately with that individual until after their trial. They also may not fully understand why a decision has been made to hold their loved one without bond, or what that means for the trial in general.
Loved ones need to speak with professionals like bond companies in this instance, as this can help them to understand the situation, consider their options, and take actions, such as seeking alternative legal representation, that may be difficult for their loved one from jail.
A Question of Justice: What to Do If Bond is Denied
While the decision of whether or not to grant bail falls to the judge, that doesn’t mean defendants are helpless if they’re remanded without bond. As with any legal decision, it is possible to appeal the judge’s decision.
Admittedly, there’s no guarantee that an appeal will result in a bond being granted. A judge may still stand by their initial decision if they have evidence, such as a history of no-show court dates, to justify their choice. However, by seeking expert advice, a defendant may be able to disprove a judge’s concerns, such as worries over that individual’s flight risk.
Working with a defense lawyer is especially useful in this case, as they can put forward a convincing case for bail. Experienced bail bondsmen can also help to reverse a bail decision, both by providing a defendant with advice and bail resources, and by supporting attorneys with bail-specific guidance in the leadup to an appeal. A bail bondsman can also post bail immediately after a successful appeal, securing that individual’s release right away.
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