How a Bail Reduction Hearing Works

Court Determines Bail Amount

The court determines an amount of money which the defendant must provide for the court to hold in order for a defendant to be released from jail while awaiting his next hearing.  That deposit of money is “bail”.  It is essentially a way for the court to guarantee that a defendant will return to his scheduled hearing, because he will want to get his money back.  For this reason, the amount of bail set by the court varies greatly from person to person. 

In determining a bail amount, the court knows that if a defendant has a lot of money, a small amount of bail would not be an incentive to bring him back for his scheduled hearing. The purpose of bail is to assure the defendant does not flee from the community before his next hearing. The court will also consider whether the defendant is a danger to society.  Some defendants are not allowed an option of bail.

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If You Cannot Afford Bail

In some instances, bail is set too high and the defendant cannot get the money for it. A capable attorney can be very helpful in working to have the amount of bail lowered in order for the defendant to be released from jail while awaiting the hearing.  Sometimes this can be arranged at the arraignment hearing, and sometimes it is a separate hearing solely for the purpose of reducing bail. While many defendants do not have cash on hand to pay bail, a bond is another option.  A bond offers a defendant a chance to get out of jail for little money because the bond company contributes most of the cost.  A bond will end up costing much more in the end though because bond companies charge huge interest rates.

Legal Help in Reducing Bail

An attorney can petition the court to reduce bail.  If a defendant cannot afford an attorney, a public defender can also make a motion to reduce bail.  While waiting to find an attorney may mean a little more time in jail, it might save a defendant thousands of dollars in the end.

When determining the amount of bail for an individual, the court will consider the following factors:

• Does this person have ties to the community?
• Is he employed in the community?
• Does he have family members in the community?
• Has he previously appeared for scheduled hearings or has he previously fled?
• How much can the defendant afford to pay?

An attorney will present facts regarding each of the these factors and may bring in more details regarding the defendant to show the court the defendant is not a flight risk.  The court will then make a determination of bail.  The bail amount can be changed if circumstances of the defendant change.  If the defendant leaves the state, or does not show up for a scheduled hearing, bail may be reinstated or denied altogether.

• If you need legal assistance with a Criminal Charge, click here to consult with an Criminal Defense Lawyer near you to discuss the details of your case. This website is for informational purposes only.