Is everyone entitled to bail?
June 20th, 2022
Is everyone entitled to bail?
Yes, as a general rule, almost everybody is entitled to bail. Unfortunately, because of this, some people treat bail as a right, not a privilege. The reality is the court can revoke bail. You do not have the right to remain on bail until the conclusion of the criminal proceeding. There are things you can do that will forfeit your right to bail.
Will my bail be revoked if I miss court?
Missing court is the main reason my clients lose their right to bail. As a general rule, we can get bail reinstated if you miss court and notify our office as soon as you realize the discrepancy so we can take steps to have the warrant recalled. But, unfortunately, there are time delays that require quick action! There are, however, instances where there is no guarantee. For example, if you are on bail for a crime of violence that carries mandatory jail time if convicted or on bail for the manufacture or distribution of drugs, the court shall not reinstate bail when the bail has been revoked or forfeited. However, the court can reinstate the bail privileges if we appear in court before the arrest.
Is bail available after conviction of a charge?
There is bail if the maximum sentence is five years or less. Bail may be allowed pending the sentence if the maximum penalty does not exceed five years in prison. There are exceptions. There is no requirement to set bail when the court has reason to believe, based on competent evidence, that a convicted individual will pose a danger to any other person in the community or if they believe the person will flee.
Can I bail out after sentencing but before the final judgment?
Yes, bail shall be allowed after the sentence but before the final judgment if the sentence is five years or less. Bail may be allowed if the sentence is over five years unless the court believes there is a danger to another person or the court has reason to believe the individual might flee.
What about bail in a capital case?
In a capital case, after a conviction, there is no bail. When charged with a capital offense, there is no guarantee of bail. The court is not required to set bail if there is a great presumption that someone is guilty of a capital offense. The court will hold a contradictory hearing on the facts and evidence before setting bail.
Bail is treated differently in Domestic Abuse cases.
While bail is allowed in domestic abuse cases, it does not happen automatically. Some crimes require a Gwen’s Law hearing before the court setting bail. The charges which could require a hearing are:
Domestic abuse battery in some cases.
Violation of protective orders.
Any felony offense involving the use or threatened use of force or a deadly weapon upon the defendant’s family.
Any allegation of strangulation against a family member.
A hearing is required before setting bail and must be held within five days from the date of arrest. At the hearing, the court shall determine if bail is allowed and the bail conditions.
If you or someone you know is arrested and has a question about a bail bond or needs to have bail set and wants to discuss the process, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9810. Larrion Hillman is a criminal defense attorney in Caddo Parish, Webster Parish, Bossier Parish, Shreveport, and Bossier City, Louisiana. And remember, keep calm and let Hillman handle it.