What must happen for a judge to deny bail?

For a judge to deny bail, it is essential to demonstrate evidence of either a flight risk or a danger to the community. This means that if the accused poses a significant risk of fleeing to avoid trial or presents a threat to public safety if released, these factors can warrant the denial of bail. The primary purpose of bail is to assure that defendants appear for their court dates while also considering public safety.

The judge evaluates these risks based on the nature of the charges, the defendant's history, ties to the community, and other relevant circumstances. If there is a credible risk that the accused will not show up for trial or that they may engage in further criminal activity while on release, denying bail serves as a necessary measure to protect both the integrity of the judicial process and the safety of the public.

Other factors like the lack of evidence or the length of the trial are not criteria for denying bail; they relate more to the overall case proceedings rather than immediate risks associated with the defendant's potential release. Similarly, public demand for a harsher penalty does not directly influence whether bail is granted or denied, as bail decisions focus more on the risks associated with the accused rather than the sentiment of the public.