Getting yourself in a situation where you need to plead anything in front of a judge is very inconvenient. But, if you need to question what does a no bond mean suggests that the bond is bigger than the average scuffle.
Bonds are usually set to ensure that a defendant will appear at trial at the designated date. The size of the bond, as well as conditions, will depend on the crime, but also on the defendant. Cases for “no bond” orders are relatively rare but can happen even for defendants with no priors.
Simply put, by giving a no-bond order, the court has determined that not having an unconvinced defendant walking around is preferable, even if it places increased pressure on the prosecution to finish the case as quickly as possible.
We are most familiar with high-profile cases where the crime someone is charged with is so heinous that releasing the defendant for any amount places the risk to both the community and the defendant.
But, there are also cases where this order is placed because the defendant is forgetful and has missed court dates in the past. Even without prior convictions and when the crime is relatively minor, such an order can be placed for those with multiple prior “no-shows.”
What Does a No Bond Mean?
The biggest confusion is between “signature bonds” and “no bond orders.” While they sound similar, they could be considered opposites of each other. Also, you should not confuse the “no bond” with the 24-72 hour period between being taken into custody and your bond hearing.
Where with a signature bond you would be released without bail by only pleading that you will appear in court, a no bond order will keep you in custody until the end of your trial regardless of what you would be willing or able to pay.
What does a no bond mean in the rest of the trial is not as significant, as it should not impact your case while tried. But, it is presumable that you would have a harder time preparing for your trial while incarcerated.
The benefit of having a no-bond order compared to simply being unable to post bail is that, in the case you are convicted, your time spent in jail will automatically be counted as a part of your sentence.
Take note that while a “no bond” order upon exoneration could be tried in civil court for damages as wrongful incarceration, not all such cases will be successful. If the court had reasonable reasons to keep you in custody, that would not be considered wrongful imprisonment.
Legal Requirements for a No Bond Order
Having a court in any jurisdiction in the United States, including San Diego, apply a “no bond” order is relatively rare. The legal requirements for such an order are quite steep and the court could face a wrongful imprisonment lawsuit if there is proof there wasn’t a need for such an order.
Aside from the court’s deliberation, there should be further implications and evidence that you could negatively impact the proceedings, witnesses, yourself, or the community if released from custody.
The most common reason is a very likely flight risk. If you are a national of multiple countries, have adequate funds to simply ignore the bail amount, and have nothing tying you down to the community, there is a good chance that you will not appear for your court date.
But, there are also other situations where there could be a “no bond” order.
Presumed Flight Risk
Most people are very connected with the place where they live and where the presumed crime has been committed. It is presumable that you will not move states or countries for a $1000 traffic accident that will be covered by your insurance.
But, if you are a foreign national and could face up to five years in prison, even if you are not guilty there is a good chance that you will cut your losses and skip your bail to move to another country. In most cases, unless charged with federal crimes, such fugitives can’t be effectively prosecuted.
In such a case, for example, the judge will give a “no bond” order and keep you in custody just in case.
Danger to the Community
If there is evidence that you can harm other people if released on bail, there is a good chance that the court will place a “no bond” order and keep you in custody. This is frequently done in domestic violence cases where the victim has sustained severe injuries, and their location is well known to the defendant.
Alternatively, the community might be what would endanger the defendant. If the court believes that the defendant might be harmed by others out of vengeance or some other reason there might solution to keep the defendant in custody for their own safety.
The Severity of the Charges
For especially heinous crimes, even if the evidence against the defendant is not overwhelming, there is a clear route for the court to determine a “no bond” order. Because of such severity, usually, the defendant will also be deemed a flight risk against capital punishment or life in prison.
Also, there is a clear reason for the defendant to be dangerous to the community, such as witnesses or media if released, or for public vigilantes to exact retribution because of said media coverage.
The defendant can request house arrest in such cases, but unless there are clear reasons for the court to give leeway to the defendant, this will not be done.
Prior History
Those who have already been convicted of serious crimes will have an uphill battle in every legal matter, and getting bail is no different. While you may have served your time, simply showing that you are capable of violent crime will frequently either increase your bail amount or push the court for a no-bond order.
Additionally, this can happen if you have missed multiple court dates in the past, even if you weren’t ever convicted. While if the issue is minor, this might simply severely increase the bail amount, some courts will be stricter and keep you in custody.