Although it is a rarity, did you know that there are some crimes that if committed will assure that bail will not be an option? Of course, these cases are considered a rarity and for most, especially if this is a first offense, there should be no issue but here is a quick rundown on what crimes and situations are considered “unbailable.”
Any crime that takes the lives or even attempts to take the lives of many will automatically be unbailable. These are incredibly serious charges and whether it is domestic or international terrorism, there will absolutely be no option for release before any type of hearing is concluded.
Just as with terrorism, if someone’s life has been taken maliciously, the defendant will have no opportunity to be released while awaiting trial.
Multiple Violent Convictions
Judges really look at if a defendant could be considered a danger to society when deciding on bail. If someone has multiple violent arrests or convictions, it will make it much harder for a judge to decide that bail would be appropriate.
Getting Arrested While On Bail
If a person has already been granted bail but then gets re-arrested while released, the chances that a judge would offer bail again goes down significantly. While it is not always the case, the likelihood of getting to be released again is not very good.
This gets determined by how severe the crime was, how much money and resources the defendant has and how many ties to the community. If a defendant has few ties to the community and has the resources to flee, there is a good chance that they will not have bail as an option.
Severe Drug Charges
If drug charges are severe enough, especially if it is for distributing drugs and there is a possibility of 10 or more years in prison, then this typically is considered an unbailable offense and the option of release will not be offered.
So while the large majority of crimes won’t require the defendant to stay in jail if they are able to post bail, there are a few circumstances that will be considered automatically unbailable.