What if I Can’t Afford Bail? Options for the Poor

What if I Can’t Afford Bail? Options for the Poor

Getting arrested is scary enough, but not being able to afford bail can make it feel hopeless. However, there are options for those who don’t have the money to pay bail upfront. This article will go over some of the main options for folks who can’t afford bail, including asking for a reduced bail amount, using a bail bondsman, and seeking help from bail funds.

Ask for a Bail Reduction

One of the first things to try if you can’t afford the set bail amount is to ask the judge for a bail reduction. This involves petitioning the court to lower the amount required for you to get out of jail while your case is pending. There are a few main arguments your lawyer can make to justify a lower bail:

• You’re not a flight risk. If you have strong family/community ties and a stable job, you’re unlikely to skip town before your court date.
• You don’t pose a public safety risk. Folks accused of non-violent crimes have a good case for lowering bail.
• You can’t afford the current amount. Judges may lower bail if it’s clearly beyond your financial means.

To increase your chances of getting a bail reduction, it helps to gather documents showing your ties to the community, such as proof of employment, residential leases, letters of support from family, and evidence of medical needs. Be prepared to explain why you are not a flight or safety risk .

Use a Bail Bondsman

If you can’t afford to pay the full bail amount, another option is using a bail bondsman (sometimes called a surety). This is someone who will post your bail in exchange for a fee, usually 10% of the total bail. So if your bail is $1,000, you’d pay $100 to the bondsman and they front the rest. This can make bail more affordable upfront.

However, there are some downsides to bail bondsmen. First, you don’t get that 10% fee back – it’s nonrefundable. Also, bondsmen may require collateral like a house or car to secure their payout. And they may impose strict payment plans, additional fees, or location monitoring. So while bondsmen provide a way to get out of jail pre-trial, it comes at a significant cost .

Look Into Bail Funds

In recent years, community bail funds have emerged as an alternative to the for-profit bail system. These are nonprofits that collect donations and use the money to post bail for defendants who can’t afford it, with no fee or collateral required. This allows people to fight their cases from outside jail.

Bail funds exist in cities across the country, though they are still limited in reach. The funds have eligibility requirements and focus on bailing out folks accused of low-level nonviolent crimes, who are at high risk in jail, or who have special medical needs. Bail funds can’t help everyone, but are an option for some defendants in need .

To find a community bail fund, search online for ones operating in your area. Reach out to local public defenders or legal aid organizations, as they often partner with bail funds and can put you in touch.

File an Emergency Bail Motion

If you or a loved one are at severe medical risk in jail, you can file an emergency bail motion asking for temporary release. These motions argue that continued detention poses an immediate threat to your health or safety. Common reasons include:

• Need for urgent medical care not available in jail
• High COVID-19 risk factors making jail hazardous
• Serious pre-existing conditions like cancer or HIV
• Pregnancy and upcoming due date

Emergency bail motions are a legal avenue to pursue release for folks whose lives may be endangered behind bars. Your lawyer will gather medical records, affidavits, and other proof to urgently petition the court .

Request Electronic Monitoring

For some lower-risk defendants, courts may allow pretrial release with electronic monitoring in lieu of cash bail. This usually involves wearing an ankle monitor that tracks your location at all times. While restrictive, it’s an alternative that allows you to fight your case out of custody.

The availability of electronic monitoring varies by jurisdiction. In some areas, you may have to pay monitoring fees. Discuss with your lawyer whether this could be an option in your case to seek release without posting bail.

Explore Unsecured Bonds

With an unsecured bond, you sign an agreement to pay the full bail amount if you fail to appear in court. But you don’t have to put any money down upfront. This avoids pretrial detention without requiring cash bail.

However, unsecured bonds are still not that common. Only a handful of states allow them. Talk to your lawyer about whether unsecured bonds or “personal recognizance” are permitted options in your jurisdiction .

Seek Help from Family or Friends

For many people, asking family or friends to help with bail is the first resort. While you may hesitate to burden loved ones, letting them know your situation gives them the chance to help. With multiple people chipping in, coming up with the full bail amount feels more feasible.

That said, be mindful that paying bail often drains people’s limited savings. And not everyone has relatives or friends in a position to contribute. But for some, family is the bail safety net that makes release possible.

Wait for the Arraignment

At your arraignment hearing before a judge, you may have the chance to raise bail concerns and request adjustments. If you weren’t granted a bail reduction earlier, reemphasize why the current amount is unaffordable and prevents your pretrial release.

Waiting for the arraignment delays release but gives you another opportunity to advocate for a changed bail. Stressing your limited income and minimal flight/safety risk could persuade the judge to lower the amount or transition to an unsecured bond .

File a Bail Appeal

If bail was already set in your case and a reduction request denied, you may be able to file an appeal challenging your bail as excessive or unconstitutional. Appellate courts have overturned bail amounts deemed disproportionately high.

This legal process takes time, however, so a bail appeal likely won’t lead to immediate release. Consult your lawyer to weigh whether filing an appeal could eventually yield a favorable bail ruling, even if it doesn’t provide short-term relief.

Don’t Lose Hope

Coming up with money for bail feels impossible for many folks. But having a few options can spark some hope during a bleak time. Explore bail reduction requests, community bail funds, help from family, and other creative solutions. And know there are people working to reform our unfair money bail system every day .

You deserve justice no matter your income level. With persistence and support, you can find a way through this.

References

How to Get Your Bail Reduced. Nolo. Retrieved November 29, 2023.

How Commercial Bail Works. Brennan Center for Justice. Retrieved November 29, 2023.

The Hidden Cost of Bail. The Marshall Project. Retrieved November 29, 2023.

Fighting Pretrial Detention During the COVID-19 Pandemic. Prison Legal News. Retrieved November 29, 2023.

Promising Practices in Unsecured Bail. Pretrial Justice Institute. Retrieved November 29, 2023.

Arraignment: Getting Out of Jail After Your Arraignment. Nolo. Retrieved November 29, 2023.

Pretrial Justice. Equal Justice Initiative. Retrieved November 29, 2023.