Can we get the bail amount lowered at the bail hearing?

A bail hearing requires a judge to set bail. Although the Eighth Amendment to the United States Constitution dictates that the judges can’t set bails at excessive amounts, family and friends of a defendant may feel that the required bail amount is too high when they don’t have it. Typically, when the defendant believes that the bail is too high, they can request that the judge lowers the amount to something more affordable. The request can be made at the arraignment—which is the first time the defendant appears in court—or at a special hearing. The judge may take in consideration various information when considering whether to lower the bail. For instance, they can consider the type of crime and the defendant’s criminal history.

However, if the judge refuses to lower the bail, family and friends have options. They can pay the bail in cash or check—in full or they can place property up as collateral. The property must be worth the full amount of bail.

A bail bond is like a check held in reserve, according to Nolo. This means that the defendant promises to appear in court in exchange for paying the bond. If the bail can’t be paid, the defendant or his or her family and friends should contact a defense lawyer. The lawyer can explain the bail hearing process and what can be done if the judge sets a high bail. The lawyer can also explain is O.R. bond is possible.