man arrested by the police

5 Reasons Bail Can Be Denied By a Judge

When an individual is arrested in the United States, they’re typically advised to hire a bail bonds agent that allows their release from jail before trial. However, judges have the option to deny bail for a variety of reasons. Boston criminal lawyers know of these five reasons to be the most common: 

1. The Severity of a Crime

Grave crimes are a significant determining factor in granting bail. Murder, rape, armed robbery, and other kinds of harsh crimes can make it almost impossible to obtain bail if the evidence supports the actions. If a criminal is determined to be too dangerous to live in normal society before their trial, this is a legal basis for a judge to deny.

2. Flight Risks

In numerous cases, people flee the country once they are granted bail to avoid undergoing trial. If a judge suspects that the person under custody may escape the USA as the trial date approaches, he or she may not grant bail. However, concretely proving that a criminal will stay within the state and the country for the trial can be difficult, which is why judges often do not give them the freedom to roam while waiting. Once a person has escaped to a far-flung area, this can often make them hard to track. Flight risks affect the resolution of a case, making it a common reason to deny bail.

3. Threats to Public Safety

Perpetrators of heinous crimes usually aren’t mentally sound, which means that granting bail can result in more people getting hurt. This denial for bail is often reserved for people who are arrested for acts of terrorism or genocidal tendencies. Since the United States has seen an uptick in school shootings and other kinds of mass murder in recent years, judges have probable cause to deny bail before trial.

4. Repeat Offenses

People who commit crimes repeatedly while having marks on their criminal records are less likely to be granted freedom from custody. Repeating offenses is usually a sign that criminals have not learned their lessons or felt remorse from being imprisoned, and are likely to commit more crime. While it might seem a bit unfair to be skeptical, ex-criminals are supposed to use their given freedoms after serving their sentence wisely. Ensuring people’s safety is the judge’s best interest, which means that any repeat offenders of crimes like robbery or stealing can make it harder to be granted bail. 

5. Missing Court Dates

When awaiting trial, those under custody must attend pre-trial court dates. An arrested individual who fails to appear in court can be denied bail. Repeated absences show a failure to take responsibility, and when a person is arrested, they ideally want to show the judge their best behavior. Otherwise, missing court dates usually result in denied bail.


Being granted bail is a privilege and not a right. While an arrested individual has plenty of rights, these are taken away once they’re under custody. These are some of the things that the judge will consider when dealing with any criminal law case. Boston criminal lawyers work tirelessly to get clients what they want out of a case, but at the end of the day, the judge has the final say in all matters. 

We offer the best services when it comes to cases of criminal law in Boston, Massachusetts. If you are looking for a dedicated and passionate attorney who will fight for your case and protect your rights, call us now!