In many cases, the court will hold someone after an arrest, but they will set bail. Once the bail is announced, the individual has the opportunity to post payment, and they may be released if they do so. If they are unable to post bail, then they will be held in jail until their case moves forward, but bail gives a person a chance to go through the typical waiting period at home, rather than behind bars.
But in some cases, the court declines to set bail and says that the person has no choice but to be held in custody. This can happen even if they claim that they are not guilty and have done nothing wrong. Why would the court make this decision?
The court believes the defendant is a flight risk
One potential reason is that the court believes the person may try to flee the country to escape the criminal process.
For instance, maybe the person has family members overseas and often travels outside of the country. Their family lives in a country that will not extradite criminals to the United States. The court may be worried that they will try to avoid trial entirely by simply returning home, so they believe that it is not possible to release that person on bail. They will simply forfeit the bail money to escape the trial.
The court believes there is a risk to the public
The court also considers the severity of a crime, especially if it could constitute a risk to the general public.
Many people who are arrested on suspicion of violent crimes, such as first-degree murder, are going to be held in custody with no option to post bail. The court does not want to release someone who could theoretically harm another individual while waiting for their trial.
These are just two of the reasons that the court may decide not to set bail. It is very important to understand how the criminal justice system works and what steps need to be taken, and it can help to work with an experienced defense attorney.