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Can I Get Bail Reduced? Here’s How
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Can I Get Bail Reduced? Here’s How
Getting arrested is scary. Even if you’re innocent, being locked up is no fun. The good news is that in most cases, you can get out on bail while you wait for your trial. Bail is money you pay to the court to let you out of jail until your case is over. The bad new is bail can be really expensive. Some people can’t afford it at all. So what can you do if bail seems too high? Request a bail reduction! With the right strategy, you might just get your bail lowered to an amount you can actually pay.
What is Bail Exactly?
First, a quick bail 101. Bail is cash, a bond, or property you give the court as collateral to let you out of jail while your case is pending. The court holds onto the money. If you show up for all your court dates, you get it back at the end of the case. But if you miss court, you lose the money. That’s why it’s called collateral – it motivates you to come to court.
Judges decide the bail amount based on a few factors:
- Flight risk – Are you likely to run away before trial?
- Danger to society – Are you a risk to public safety?
- Severity of charges – More serious crimes often have higher bail.
Bail can range from a couple hundred to millions of dollars. Most people can’t afford high bail amounts. That’s where bail reductions come in.
What is a Bail Reduction?
A bail reduction is when the judge lowers the bail amount. There are a few ways this can happen:
- At your first court appearance (arraignment), the judge may decide to lower the initial bail.
- You can request a bail hearing and argue for lower bail.
- In some states, a bail review officer can reduce bail without seeing a judge.
The goal is to get bail down to an amount you or your family can pay so you don’t have to stay locked up.
How Do I Request a Bail Reduction?
If you can’t afford your current bail, ask your lawyer to request a bail reduction hearing. This is a special hearing just about lowering your bail. It’s separate from other court dates. Here’s how it works:
- Your lawyer files a motion (written request) for a bail reduction hearing.
- The judge reviews the motion and decides whether to grant the hearing.
- If approved, the bail hearing is scheduled.
- At the hearing, your lawyer argues why your bail should be lowered.
- The prosecutor can argue why bail should stay the same.
- The judge then decides whether to reduce the bail or not.
How to Get the Judge to Lower Bail
To get your bail reduced at the hearing, your lawyer will explain:
- You’re not a flight risk.
- You’re not dangerous.
- You have close family ties to the community.
- You’ve lived at the same address for a long time.
- You or your family can’t afford the current bail.
- You don’t have a criminal record or history of missing court.
- You have health conditions that make staying in jail difficult.
- You have a job, go to school, or other responsibilities you can’t meet if you’re in jail.
Your lawyer may also suggest conditions of release that reduce flight risk, like electronic monitoring. The judge will consider these factors when deciding on a new bail amount.
What if I Can’t Afford a Lawyer?
If you can’t afford an attorney, the court will appoint a public defender to represent you for free. A public defender is just as qualified as a private lawyer, so don’t worry. They know how to argue for lowered bail.
What About Bail Bonds?
If the judge only reduces bail a little, you may still not be able to pay it. This is where bail bonds come in. A bail bond agent will post your bail for you, for a fee. You pay the agent 10% of the bail amount, and they pay the rest. When your case ends, they get the full bail back from the court. Just make sure to show up for court – because if you don’t, the agent will come after you to pay back the full bail!
Request an Emergency Bail Hearing
If you have an urgent need to get out of jail, your lawyer can request an emergency bail hearing. They have to convince the judge there are emergency circumstances, like:
- You need medical treatment not available in jail.
- You’re the sole caretaker for children or elderly parents.
- You’ll lose your job, housing, or vehicle if you stay locked up.
- Being jailed is causing extreme mental distress.
If the judge agrees to an emergency hearing, it will get scheduled faster than a typical bail reduction hearing. But the judge still gets to decide whether to lower your bail or not.
What About Bail Reform Efforts?
Some places are trying to reform cash bail altogether. California banned cash bail starting in 2019. Washington, DC also doesn’t use cash bail. Reformers argue tying freedom to money is unfair to poor defendants. Some states now use risk assessment tools instead of cash bail. The tool looks at factors like criminal history to determine if you’re likely to flee or offend before trial. Low-risk defendants can be released without paying bail under reform laws. But money bail is still used in most states for now.
Bail Gets Returned if You Go to Court
Remember, bail is just collateral. The court gives it back when your case ends, minus any court fees. So if you get bail lowered and pay it, make sure to go to all your court dates. Missing court means losing your money for good!
In Summary
Bail exists to motivate people to show up for court. But high bail amounts can keep people stuck in jail unnecessarily. Luckily, you can request a bail reduction hearing and argue for lower bail. With an attorney’s help, you may convince the judge to reduce bail to an amount you can actually afford. That way you can get out of jail and return to work, school, and family responsibilities. Just make sure to go to all court dates so you get your bail money back!
References
Release from Jail on Bail or Bond
Bail Reform Efforts Gain Momentum