How to Challenge a Judge’s Bail Decision

How to Challenge a Judge’s Bail Decision

Getting arrested can be scary, and even more frightening is when a judge sets a bail amount that you can’t afford. You may feel powerless against the criminal justice system, but there are options for challenging a judge’s bail decision. With some preparation and persistence, you may be able to get the bail reduced or changed to a non-monetary form of release.

Understand How Bail Works

First, it helps to understand what bail is and how it’s set. Bail is money or property given to the court to secure someone’s release from jail while their criminal case is pending. It’s meant to ensure the defendant shows up for court hearings. If they miss a hearing, they forfeit the bail money or property.

When setting bail, a judge considers factors like the severity of charges, criminal history, ties to the community, and flight risk. Most states have bail schedules that recommend standard bail amounts for certain offenses. But judges have discretion to raise or lower the bail based on the case circumstances.

Bail can be a set dollar amount, require collateral like a house or other asset, or allow release without posting money but with conditions like electronic monitoring. Excessive bail is prohibited by the 8th Amendment to the U.S. Constitution.

Request a Bail Review Hearing

If you feel the bail set is unreasonable, the first step is requesting a bail review or bail reduction hearing. This is a legal proceeding where your defense lawyer can argue for lowering or changing the terms of bail. Some key points for a bail review hearing:

• File the request as soon as possible – don’t wait days or weeks.
• Gather evidence showing ties to the community, employment, and compliance with past release conditions.
• Get letters of support from family, friends, employers to show you are not a flight risk.
• Highlight factors like medical needs that make bail an undue hardship.
• Research similar cases where lower bail was set for the same charges.
• Present a concrete bail proposal, like lowering bail to a specific amount you can pay.

The judge will consider the evidence and arguments at the hearing when deciding whether to modify the original bail terms. Having an experienced criminal defense lawyer argue for bail reduction can greatly help your chances.

File an Emergency Bail Motion

If circumstances are urgent, like a medical crisis or family emergency, an emergency bail motion may get a hearing scheduled faster than a standard bail review. The motion should clearly explain the emergency situation and request immediate relief from unreasonable bail.

Emergency bail motions are also appropriate when bail was set without considering critical information, like:

• Mistaken criminal history or charges
• Failure to account for disability needs
• Not evaluating ability to pay

An emergency bail motion brings the issue to the judge’s attention quickly so bail can be modified based on accurate information.

File a Bail Appeal

After a bail review hearing, if the judge upholds the original bail amount, you may be able to file a bail appeal. This challenges the lower court’s bail decision in a higher court. The appeals process varies by state, but generally you would file a petition explaining how the bail violates your constitutional rights or was set improperly based on the law.

The appeals court will review the bail setting decision and can overturn or modify the terms if excessive or unreasonable. Bail appeals provide another avenue for relief when lower courts won’t reduce an unfair bail amount. But the appeals process can be complex, so having an attorney is highly recommended.

Seek Non-Monetary Release Options

If you simply can’t afford the bail amount, seek alternatives to monetary bail:

• Unsecured bond – Released without paying, but owe the bond amount if you miss court.
• Supervised release – Released under supervision without posting bail.
• Electronic monitoring – Released with GPS or alcohol monitoring ankle bracelet.
• House arrest – Released but must stay at a residence.

Many states have moved away from cash bail and now favor non-monetary release options. Your lawyer can request these alternatives as part of the bail review or appeal.

Use a Commercial Bail Bondsman

Bail bonds companies will post your bail for a fee, usually 10% of the bail amount. You don’t get the fee back even if you show up for court. And bondsmen have broad powers to revoke bail and arrest you if you miss hearings. But bonds can be an option if you have no other way to pay bail.

Shop around and read the bail bond contract carefully before using a bondsman. Make sure you can afford the non-refundable 10% fee. And follow all conditions so you don’t end up back in jail.

Raise Money Through Crowdfunding

If allowed in your state, crowdfunding through sites like GoFundMe provide a way for family and friends to donate money to help pay your bail and legal fees. You need a support network willing to share and contribute to the fundraising campaign.

Be transparent about the criminal case and how donations will be used. Manage donations responsibly. And don’t count on crowdfunding alone – pursue legal options too for challenging excessive bail.

Seek Help from Bail Funds

Nonprofit community bail funds can help pay bail for people who can’t afford it. These funds have grown in recent years to combat inequities in the cash bail system. Search online to find bail funds in your state or county.

Bail funds tend to assist lower-income individuals charged with low-level offenses. The fund will typically post your bail as a no-interest loan to be repaid once the criminal case ends. Not everyone qualifies, but bail funds are worth exploring if you’re in need.

File a Federal Civil Rights Lawsuit

Constitutional civil rights lawsuits in federal court are another option for challenging unlawful bail practices. These suits argue that excessive bail violates your 8th Amendment rights. They can seek injunctive relief to change systemic bail setting policies.

Federal civil rights cases require experienced constitutional lawyers and significant resources. They aim to set precedent that improves bail setting for future cases. The process is lengthy, but major change often starts with legal challenges in federal court.

Don’t Lose Hope

The bail system can seem rigged against people without financial means. But there are options for fighting back against unreasonable bail. With a strategic legal approach and determined advocacy, many people have succeeded in getting their bail reduced or changed to a non-monetary form of release.

It takes time and effort, but it’s possible to regain your freedom while your case proceeds. Don’t accept an unfair bail amount without exploring every option to challenge it. Justice requires eliminating excessive bail that keeps people locked up simply for being poor.

References

American Bar Association Standards on Pretrial Release

Pretrial Justice Institute Bail Reform: A Guide for State and Local Policymakers

Columbia Law Review Paying for Freedom: A Constitutional Analysis of Bail Reform

American Constitution Society The State of Bail Reform