In early 2019, R&B singer R. Kelly was charged with various state and
federal offenses, including racketeering,
kidnapping, sexual exploitation of children, and sex trafficking. He has been accused
of holding underage girls against their will and forcing them to participate
in sexual acts with him.
At hearings in Chicago, Minnesota, and New York, he pleaded not guilty
to the charges he faced in those states and continually denied the allegations
that he committed the acts he’s been accused of. So far, he has
been scheduled for trial in Chicago and New York, which are set for April
2020 and May 2020, respectively.
Bail for Release from Jail
Typically, when a person is accused of committing a criminal offense and
has a trial set for a later date, they can post bail, which allows them
to be released from jail until the court proceedings. The amount bail
is set for could depend on a number of factors.
When determining bail, a judge could look at:
- The risk the defendant poses to society
- Whether or not the defendant will leave the area
- The type of offense and how severe it is
- The defendant’s criminal record, if any
Unfortunately, in some situations a judge will deny bail, as happened in
Kelly’s situation. In July of 2019, a judge denied bail for his
Chicago arrest. It was again denied in October of 2019 for his New York case.
When Can Bail Be Denied?
As mentioned earlier, a judge will look at a number of factors when either
setting a bail amount. Those factors also come into play when determining
whether or not to allow a defendant out on bail at all.
Reasons bail would be denied include:
The individual is a threat to the community. Typically, if a person is accused of committing a serious, violent offense,
the judge could consider not releasing the individual if they pose a risk
to public safety.
The person is a flight risk: If a judge feels that the defendant will leave the state or country upon
being released from jail, they will deny bail.
The crime is severe: As with determining whether or not the defendant is a danger to the community,
a violent crime, such as
murder or rape, will stop a judge from granting bail. The severity of the crime
is usually one of the main reasons bail will be denied.
The defendant has committed offenses before: A judge might deny a repeat offender bail because their continued criminal
behavior suggests that they haven’t learned their lesson.
In R. Kelly’s case, his bail was denied in New York because the judge
said he was a flight risk and could possibly harm witnesses. In Chicago,
prosecutors argued that the singer was “an extreme danger to the
community, especially to minor girls”; the judge agreed.
Get Results-Driven Defense from Appel & Morse
Backed by over 40 years of combined experience, our attorneys have extensive
knowledge of the legal system and can answer questions about the process,
criminal charges you might be facing, and potential consequences of a
If you’ve been accused of committing an offense in Santa Barbara,
call us at (805) 467-6060 or
contact us online.