MONTANA - In the last few weeks across the state, there have been several SWAT standoffs involving suspects with prior offenses. We talked with prosecutors in Musselshell County about why some of those suspects did not get locked up immediately; A lot of it has to do with the bail bond system. "A defendant has no burden to prove their innocence, the state must prove their guilt," Musselshell County Attorney Kevin Peterson said. Every suspect has a right to bail in court, unless they're charged with a capitol murder offense and there is solid proof.  An individual can not be kept in jail based off their prior criminal history alone. Therefore, it is that person's right to pay their way out of jail before going to trial for a specific crime.