Can Anyone Really Get Out on Bail? An In-Depth Analysis of Factors Affecting Release from Jail
The ability to get released on bail after being arrested and detained in jail vastly depends on several key factors. These factors include the type of criminal charges, the criminal history of the individual, the perceived flight risk, state laws, and the discretionary power of the judge. This article delves into these critical elements and provides a detailed analysis through a specific case study.
Factors Influencing Bail Release
Type of Charges: The nature of the criminal charges plays a significant role in determining whether a person can be bailed out of jail. Offenses like violent felonies or serious crimes may not be eligible for bail, or if bail is allowed, it may be set at a very high amount. This makes it unfeasible for the defendant to secure release, as seen in cases involving major felonies.
Criminal History: A person's prior criminal record can heavily impact bail decisions. Individuals with a history of repeat offenses may face higher bail amounts or a denial of bail altogether.
Flight Risk: Courts may deny bail if there is a perceived risk that the individual may flee to avoid prosecution. This is an extremely important consideration, as it relates to public safety and the integrity of the legal process.
State Laws: Bail laws are not uniform across all jurisdictions. Some states have specific regulations regarding bail amounts, terms, and eligibility. This highlights the importance of understanding local laws in handling bail situations.
Judge's Discretion: Ultimately, a judge has the discretion to grant or deny bail. This decision is based on the circumstances of the case, the defendant's situation, and the need to maintain public confidence and the administration of justice.
Bail Amounts: Even if bail is granted, the amount may be set so high that it is financially unmanageable for the defendant, effectively making bail an unreachable goal. This is evident in cases where high bail amounts are imposed for serious charges.
A Case Study: Robert Badgerow's Tedious Journey Through the Legal System
Robert Badgerow, a 23-year-old man, was convicted of the murder of a woman of the same age. His case spans over two decades, from his initial conviction in 1997 to his most recent appeal in 2017. In August 2017, Badgerow sought bail pending the appeal of a unanimous December 2016 jury verdict of guilty on first-degree murder charges.
For his application to be successful, Badgerow had to establish the following:
His conviction appeal had not been frivolous. He would surrender into custody "in accordance with the terms of any bail order... made." Detection hadn't been necessarily "in the public interest."The appeal court allowed his release on bail despite the prosecutor's argument that the nature of the offense raised serious public safety concerns. The court also noted that Badgerow had been compliant with strict bail conditions throughout his trials and appeals, which influenced its decision.
The appeal court ordered his release on CND$750,000 bail pending the outcome of the conviction appeal. By the time Badgerow surrendered himself back into custody on May 1, 2019, he had already served 11 years of his life sentence for the murder conviction. He now has the opportunity to apply for parole under the Faint Hope Clause of the Criminal Code, which applies to cases where the conviction was original in the 1990s. If his application is successful, he could be released from prison as early as May 2023 on full parole. However, given the circumstances and his continued claims of innocence, this outcome is unlikely. Should his application fail, he will be eligible for day parole in May 2030 and full parole in May 2033, which would make him 72 or 73 by the time of his potential release.
Conclusion: The Complexity of Bail Release
As demonstrated by the case of Robert Badgerow, the ability to get out on bail is a complex and multifaceted issue. It depends on a combination of legal, personal, and systemic factors. While some individuals may face significant obstacles due to their criminal history, prior offenses, or the nature of the charges against them, others might benefit from favorable circumstances such as compliance with bail conditions and a structured approach to the appeals process.
The example of Robert Badgerow underscores the exceptions to the general rule that not everyone can be released on bail. His journey through the legal system highlights the importance of understanding local laws, the role of the judge, and the consideration of public interests in bail decisions.