What Crimes Are Not Eligible for Bail?
The Eighth Amendment to the US Constitution prohibits "excessive bail," but it does not guarantee bail for every crime. There are situations where a judge can — and will — deny bail entirely, keeping the defendant in jail until trial. Understanding which crimes may result in no bail can help you set realistic expectations after an arrest.
Capital Offenses
The most universally recognized non-bailable offense is a capital crime — one where the death penalty is a possible sentence. In most states, when the proof is evident or the presumption great, bail can be denied for:
- First-degree murder (in death penalty states)
- Capital murder (murder with special circumstances)
- Treason
Even in states that have abolished the death penalty, first-degree murder charges frequently result in bail denial based on danger to the community or flight risk.
Violent Felonies
Many states allow judges to deny bail for serious violent felonies, including:
- Murder and attempted murder
- Sexual assault and rape
- Kidnapping
- Armed robbery
- Aggravated assault with a deadly weapon
- Domestic violence (especially with prior convictions)
- Terrorism-related charges
Federal Crimes
Federal courts have broad discretion to deny bail under the Bail Reform Act of 1984. Pretrial detention can be ordered when:
- The charge carries a maximum sentence of life or death
- The charge involves drug offenses with penalties of 10+ years
- The defendant is a repeat felon
- The charge involves terrorism
- The defendant poses a serious flight risk (especially with international ties)
- There is serious risk the defendant will obstruct justice or threaten witnesses
Repeat Offenders
Many states have provisions for denying bail to repeat offenders, particularly those who:
- Committed a new violent crime while on bail for another case
- Have multiple prior violent felony convictions
- Have a history of failing to appear in court
- Violated conditions of a previous pretrial release
State-Specific Restrictions
Each state has its own rules. Some notable examples:
- Arizona: Proposition 100 denies bail to undocumented immigrants charged with serious felonies
- California: Bail can be denied for capital offenses and certain violent felonies
- Texas: No bail for capital murder; bail can be denied for felonies committed while on bail
- New York: Bail reform eliminated cash bail for many offenses but judges can still set bail for violent felonies
- Florida: No bail for capital offenses when proof is evident
The Detention Hearing
When the prosecution seeks to deny bail, a detention hearing is held. At this hearing:
- The prosecution argues why the defendant should be detained
- The defense argues for release with conditions
- The judge considers evidence, criminal history, and risk factors
- The judge issues a ruling with written findings
Having an experienced defense attorney at the detention hearing is critical. Even for serious charges, skilled attorneys can sometimes secure bail or release with conditions.
What to Do If Bail Is Denied
If bail is denied, options include:
- Appealing the decision to a higher court
- Filing a new motion for bail if circumstances change
- Requesting a bail review hearing with new evidence
- Working with your attorney to negotiate conditions the court would accept
For cases where bail is granted, even for serious charges, bailbondfinders.com can help you find a licensed bail bondsman who handles high-bail cases.