It’s well-known that the right to bail is granted by the 8th Amendment of the US Constitution. However, in certain circumstances that right can be revoked. One of the more common reason for the courts denying someone their right to bail is that they pose a perceived risk to the community. A person whose crimes are heinous and it is believed they will continue to commit them will seldom be let out on bail.
Another popular reason is because the defendant is believed to be a flight risk. Risk of flight is serious. If the court thinks a defendant is going to run and not return to court, they’ll usually revoke their right to bail. For example, the risk of flight and danger to the community/witness tampering is why the rich and powerful Diddy cannot get himself released from jail before his trial no matter how hard he tries. If they think someone is going to run, they aren’t getting out.
Other cases include situations where a defendant may have missed a court date due to confusion, or failed to follow the conditions of their bail set by the judge.
However, it doesn’t mean all is lost when someone’s bail is revoked. It’s possible to file a motion to reinstate a defendant’s bail agreement. A motion to reinstate generally takes anywhere from a few days to a few weeks to move forward – it isn’t an instant process and it isn’t guaranteed to work. A critical issue in the motion is the original reason bail was revoked in the first place. A defendant with a minor bail issue usually has their motion go through the court process quicker than someone who committed a violent felony.
If a defendant’s legal representation is successful in having their client’s bond reinstated, the defendant will be able to remain free on bail as they await their trial.
