Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption of guilt great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A capital crime is an offense that a statute makes it potentially punishable by death or life imprisonment, even if the prosecutor / government has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is too great when he or she is facing death or life in prison without the possibility of parole.