Is it true that a judge will deny bail if he or she thinks that a defendant won’t come to court? If so, how does a judge know that someone won’t show up to court?

Yes, a judge may deny bail if he thinks that a defendant will not show up to court. For this reason, it is important that defendants have an attorney that will represent them in front of the judge. No judge can know for certain in advance whether or not a defendant will show up in court. When a judge denies bail on speculation that a defendant will be a no-show, the judge probably has a significant reason to think so.

Some of the red flags that alert judges that a defendant may not show up to court include the following:

• A history of not showing up to court
• A statement to a court representative or officer that the defendant will not show up to court
• A belligerent attitude about the court system
• The seriousness of the crime and of the sentence if convicted
• A foreigner that may return to his or her native country
• A mentally impaired individual that does not have a family or friend to ensure that he or she shows up in court

There are also situations in which a judge might automatically deny bail based on the seriousness of the crime. For example, if a person is accused of committing murder or if a person has escaped or attempted to escape from prison, then the judge will most likely enact his right to deny bail.

In the majority of cases, bail will be granted, but the level of the bail may vary greatly from a few thousand dollars to a few million dollars. It is important to keep in mind that when dealing with bail issues, every judge behaves slightly different and every locality will work off of a slightly different bail schedule. As such, no two situations are the same.

In order to ensure that you or a loved one are granted bail, the best thing you can do is continue to tell the judge, your attorney, and representatives of the court that you have every intention of showing up to court for your trial. Showing respect for the legal system and the government is a good way to make a favorable impression on the judge.