Criminal Defense Lawyers

When Can Bail be Denied Altogether?

Introduction

If you or a loved one has been arrested, one of your first thoughts is likely how to get out of jail as quickly as possible. In most cases, this means posting bail. Bail allows a defendant to be released from custody while awaiting trial in exchange for money that serves as a guarantee they will return to face the charges against them.However, there are certain circumstances in which a judge may deny bail altogether, meaning the defendant must remain in custody until the case is resolved. At Spodek Law Group, we understand how stressful and overwhelming it can be when bail is denied. With our experienced attorneys on your side, we will fight tirelessly to protect your rights and help you navigate this challenging situation. Call us today at 212-300-5196 to discuss your case.

Reasons Bail May Be Denied

Under the Eighth Amendment of the U.S. Constitution, “excessive bail” is prohibited. This does not mean, however, that courts are required to allow bail in all cases. Judges have the discretion to deny bail under certain circumstances, such as:

Flight Risk

One of the primary reasons a judge may choose to deny bail is if the defendant is deemed a flight risk – meaning they are likely to flee the jurisdiction to avoid prosecution. Factors that may indicate a defendant is a flight risk include:

• Lack of ties to the community (family, job, property ownership)
• Previous history of failing to appear in court
• Facing serious charges with a likelihood of a lengthy prison sentence if convicted
• Having connections or the means to leave the area or country easily

If the judge believes there is a high probability the defendant will not return to court, bail will likely be denied to keep them in custody.

Danger to the Community

Another key reason bail may be denied is if the defendant is considered a danger to the community. If the judge has reason to believe the defendant will engage in further criminal activity or poses a threat to a specific person if released, bail can be denied to protect public safety. Charges that often result in a denial of bail for this reason include:

• Violent crimes such as murder, rape, assault, domestic violence
• Repeat felony offenses
• Violations of parole or probation
• Credible threats made against another person

The more severe the alleged offense and potential risk to the public, the higher the likelihood of bail being denied.

Capital Offenses

In many jurisdictions, bail is not allowed for capital offenses – crimes that are potentially punishable by the death penalty or life in prison without parole. These are the most serious charges a person can face, such as first-degree murder with aggravating circumstances. If a defendant is charged with a capital offense, they will almost always be held without bail while the case is pending.

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2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Repeat Felony Offenders

Repeat felony offenders, especially those with multiple prior convictions for similar crimes, are more likely to be denied bail when arrested on new charges. Judges view these defendants as a higher risk for committing additional offenses if released and are less inclined to set bail. This is particularly true if the defendant committed a new alleged crime while out on parole or probation for a previous offense.

Bail Hearings and Pretrial Detention

When a defendant is arrested, a bail hearing is typically held within 48-72 hours. At this hearing, the judge will review the case and determine whether to set bail and in what amount. The prosecution may argue for bail to be denied under certain circumstances, while the defense attorney will advocate for the defendant’s release.If bail is denied, the defendant will be held in pretrial detention until the case is resolved through a plea deal or trial. Pretrial detention can last for weeks or even months, depending on the complexity of the case and court scheduling.It’s important to note that being denied bail is not an indication of guilt. Defendants are presumed innocent until proven guilty. However, being held in custody does present significant challenges, including:

• Difficulty communicating with attorneys to prepare a strong defense
• Potential loss of employment and income
• Separation from family and loved ones
• Increased pressure to accept a plea deal to resolve the case more quickly

At Spodek Law Group, we understand the immense stress and hardship caused by a denial of bail. That’s why our skilled attorneys work diligently to present the strongest possible argument for our clients’ release at bail hearings. We thoroughly investigate the circumstances of the arrest, gather evidence and character references, and challenge the prosecution’s claims for why bail should be denied. Our goal is always to secure our clients’ release so they can assist in their own defense and continue their lives while the case is pending.

What to Do If Bail Is Denied

If you or a loved one is denied bail, it’s crucial to have an experienced criminal defense attorney fighting for your rights. At Spodek Law Group, we can help you explore all possible avenues for securing release, including:

Filing a Bail Reduction Motion

In some cases, it may be possible to request a bail reduction hearing to ask the judge to reconsider the denial of bail. This typically involves presenting new evidence or arguments for why the defendant should be granted bail, such as:

• Strong ties to the community
• A stable job and source of income
• No prior criminal history
• Health issues that make incarceration a risk

Our attorneys can help gather the necessary documentation and craft a persuasive argument for a bail reduction.

Seeking a Writ of Habeas Corpus

If a bail reduction motion is denied, another potential option is filing a writ of habeas corpus. This is a legal action that challenges the lawfulness of a person’s detention. If successful, it could result in the defendant being released on bail or on their own recognizance.Habeas corpus petitions are complex and must be filed in a higher court. Having a knowledgeable attorney is critical for navigating this process and increasing the chances of a favorable outcome.

Negotiating a Plea Deal

In some situations, if bail is denied and the evidence against the defendant is strong, it may be in their best interest to negotiate a plea deal for a reduced charge or sentence. This can allow for a quicker resolution of the case and potential release from custody.However, accepting a plea deal is a serious decision with long-lasting consequences. It’s essential to have an attorney review any plea offers and advise you of your options before agreeing to a deal.At Spodek Law Group, we have a track record of success in securing favorable plea bargains for our clients when appropriate. We will thoroughly review the prosecution’s case and evidence to identify any weaknesses that can be leveraged in negotiations. Our priority is always to protect our clients’ rights and achieve the best possible outcome based on the unique facts of each case.

Choosing the Right Criminal Defense Attorney

Being denied bail and facing criminal charges is an incredibly stressful and frightening experience. The attorney you choose to represent you can make all the difference in the outcome of your case. When selecting a criminal defense lawyer, look for:

• Extensive experience handling cases similar to yours
• A proven track record of success in and out of the courtroom
• Personalized attention and responsiveness to your needs
• Clear, honest communication about your case and options
• Reasonable fees and payment plans

At Spodek Law Group, we pride ourselves on providing aggressive, top-quality legal representation to each and every client. Our attorneys have decades of combined experience and a deep understanding of the complex criminal justice system. We know what it takes to build a strong defense and will use every tool at our disposal to fight for your rights and freedom.When you hire our firm, you become part of the Spodek Law Group family. We are here to support you every step of the way and will work tirelessly in pursuit of the best possible resolution to your case. You can have confidence knowing you have a skilled legal team in your corner.

Conclusion

Being denied bail is a devastating blow, but it’s not the end of the road. With the help of an experienced criminal defense attorney like those at Spodek Law Group, you can explore all possible avenues for securing your release and mount a strong defense against the charges you face.Remember, an arrest and denial of bail is not a conviction. You are presumed innocent until proven guilty. Our attorneys will thoroughly investigate your case, challenge the prosecution’s evidence, and work to expose any violations of your constitutional rights.Don’t face this difficult time alone. Contact Spodek Law Group today at 212-300-5196 to schedule a consultation. Let us put our skills and experience to work for you and fight for the justice you deserve.