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Addressing flight risk concerns during bail hearings

On Behalf of | Feb 21, 2024 | Federal Crimes, State Crimes

Persons arrested and charged with a federal crime will of course want to mount a vigorous defense. Securing a release from jail pending trial by posting bail could help them with this goal and other responsibilities. However, a judge may order a Texas defendant held without bail if considered a flight risk. Those hoping to avoid a pre-trial stay behind bars might need to convince the court they are not flight risks.

Flight risk concerns

The court may review several factors that paint a picture of whether the defendant might not appear for their court appearance. A defendant’s financial situation could be one, as a person with gainful employment and a reliance on their regular income might make them less likely to flee. Conversely, someone with significant financial means could be a flight risk because of the available substantial funds. That said, wealth would not automatically preclude someone from being granted bail.

As with employment, community and family ties face scrutiny during a bail hearing. Persons who commit to their families and local churches or other organizations may be less inclined to flee. Fleeing would sever them from the ties they might rely on for support during trying times.

Addressing serious concerns

The court could examine the defendant’s history to determine whether they are at risk for skipping bail. Those with previous issues with the legal system could have a positive track record for previously appearing in court without any missed dates. A positive history could help with equally positive bail considerations. However, someone who missed appearances or fled bail in the past might be considered a significant flight risk.

Although someone may find their request for bail denied, the denial might not be the final decision. In some cases, the defendant may appeal to reverse the denial.