Can Bail Be Denied in Washington State?
Washington’s Constitution generally provides that people charged with crimes are bailable by sufficient sureties, but it also establishes exceptions.
Article I, Section 20 provides an exception for capital offenses when the proof is evident or presumption great. It also provides that bail may be denied for offenses punishable by the possibility of life imprisonment when there is clear and convincing evidence of a propensity for violence creating a substantial likelihood of danger to the community or another person, subject to limitations established by law.
That means the most accurate explanation is not simply “some defendants do not qualify for bail.” The legal rules governing detention and release are more specific.
Being Eligible for Bail and Obtaining a Bail Bond Are Different Questions
The court determines whether release is authorized and under what conditions.
A bail bond company then determines whether it can issue a particular bond under its licensing, surety and underwriting requirements. Washington requires bail bond agents and agencies to be licensed.
So a court-authorized surety bond does not mean that every bail company is automatically required to write that bond.
