Who is typically not entitled to bail?

Individuals accused of capital offenses are typically not entitled to bail because these offenses are regarded as the most serious crimes, such as murder or other extreme violations that warrant severe consequences. The rationale stems from the potential danger to the community and the severity of the punishment that could result if they are convicted. In many jurisdictions, including Illinois, the law reflects a concern that those charged with such serious crimes may be a flight risk or may pose a threat to others. Therefore, the judicial system often prioritizes public safety and the integrity of the judicial process over the rights to bail for those facing capital charges.

In contrast, individuals charged with minor offenses generally have a right to bail, as these crimes do not usually present the same level of risk or concern. Additionally, the ability to fund bail does not affect the entitlement to bail; anyone charged typically has the right regardless of financial status. Similarly, previous arrests do not automatically disqualify someone from receiving bail, as each case is evaluated based on its specific circumstances.