There are a number of factors that a judge will consider when determining whether or not someone is a flight risk. Bail bond services can help to secure the release of a defendant by posting bail, but if the judge believes that the defendant is likely to flee before their court date, they may be reluctant to grant bail.
The Deciding Factors –
Some of the factors that a judge may consider when deciding whether or not someone is a flight risk include:
- The severity of the crime they have been accused of
- Whether or not they have ties to the community (e.g. family, friends, employment)
- Their criminal history (if any)
- Whether or not they have ever failed to appear for court in the past
- Their current living situation
If the judge believes that the defendant poses a flight risk, they may order them to surrender their passport and/or refrain from traveling while their case is pending. In some cases, a bail bond company may be willing to post bail for a defendant deemed to be a flight risk, but they will typically charge a higher premium for this service.
It’s important to remember that if you are granted bail, you are required to appear for all of your court dates. If you fail to do so, you will forfeit your bail and a warrant will be issued for your arrest. Bail bond companies typically require collateral (e.g. property, cash, jewelry) in order to post bail, and if you fail to appear in court, they may take possession of this collateral.
If you have been accused of a crime and are concerned about being deemed a flight risk, it’s important to speak with an experienced criminal defense attorney who can help you understand the factors that the judge will consider and give you the best chance of being released on bail.
- Family – The first and most important factor is if you have family in the area. If the court sees that you have a support system, it is more likely to set a lower bail or even release you on your own recognizance.
- Community – The second factor is whether or not you are employed in the community. A steady job shows that you have ties to the area and are less likely to flee before trial.
- Criminal history – The third factor is your criminal history. If you have been arrested before, especially for a violent crime, the court is more likely to deem you a flight risk.
- According to Bail Bond Services, “If the judge believes that the defendant poses a flight risk, they may order them to surrender their passport and/or refrain from traveling while their case is pending.”
- This means that if you are deemed a flight risk, the court may take your passport away and not allow you to travel.
- Employment – The fourth factor is whether or not you have ever failed to appear for court in the past. If you have a history of skipping court dates, the judge is more likely to think you will do it again and may deny bail altogether.
- Living situation – The fifth and final factor is your current living situation. If you own a home or have a steady place to live, the court is more likely to think you are less likely to flee before trial.
All of these factors will be considered when a judge determines whether or not you are a flight risk. Bail bond services can help to secure your release, but if the judge believes you are likely to flee, they may charge a higher premium or even deny bail altogether. It is important to speak with an experienced criminal defense attorney if you have been accused of a crime and are concerned about being deemed a flight risk.
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