Bail Hearings
A bail hearing is a legal proceeding where a judge decides whether to release an accused person from custody before their trial.
Primary Ground: Flight Risk:
If the judge has reasonable grounds to believe that the accused, if released on bail, may fail to attend court for their scheduled appearances (commonly known as a “flight risk”), bail may be denied. Factors that may contribute to a flight risk assessment include the accused’s ties to the community, previous failures to appear in court, and the seriousness of the charges.
Secondary Ground: Public Safety Risk:
Bail may be denied if the judge determines that releasing the accused would pose a risk to the safety of the public. This risk assessment considers factors such as the nature and severity of the alleged offense, the accused’s criminal history, and any evidence suggesting a threat to public safety if the accused were to be released.
Tertiary Ground: Risk to the Administration of Justice:
If the judge believes that releasing the accused on bail would jeopardize the proper functioning of the justice system, bail may be denied. This can include concerns about witness intimidation, evidence tampering, or any other actions that may hinder the fair administration of justice.