In which situation should a defendant be held without bond?

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A defendant should be held without bond primarily when they pose unmanageable risks to the community, themselves, or the integrity of the judicial process. This can include situations where the individual may be a flight risk, meaning they are likely to flee to avoid prosecution, or where they may engage in further criminal activity if released. The decision to hold someone without bond typically considers the severity of the charges, any history of violence, or instances of failing to appear in court previously.

In contrast, having the ability to pay for bail or having no prior offenses does not automatically warrant release if there are still significant risks associated with the defendant’s potential behavior. Similarly, while negative community opinion might influence decisions surrounding a defendant, it is not a legally sufficient reason to hold an individual without bond unless it correlates directly to their risk factors. Thus, the key to this determination is the assessment of risk rather than financial capability or public sentiment.

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