What is a bail hearing?

What is a Bail Hearing?

If you or a loved one have been arrested on criminal charges, one of the first steps will be a bail hearing. This hearing determines if you can be released from jail as your case proceeds. The judge decides if bail will be set and if so, how much. This article provides an overview of how bail hearings work and key factors that influence bail decisions.

Purpose of Bail Hearings

Bail hearings serve two main purposes:

• Allow the judge to determine if bail should be set or denied
• Set the bail amount and any conditions if bail is set

By setting appropriate bail, the court tries to balance the rights of the accused with public safety.

When Do Bail Hearings Occur?

Bail hearings typically occur within 24-48 hours after an arrest. The timeline ensures defendants are not held indefinitely before a bail decision. Bail hearings usually take place:

• At the defendant’s arraignment
• At a separate bail review hearing shortly after arraignment

Those arrested on serious felony charges may wait a few days for a bail hearing.

Can Bail Be Denied Entirely?

Yes, judges have the right to deny bail and hold defendants in jail pretrial. Bail can be denied if the judge decides:

• The defendant poses a serious flight risk
• The defendant may threaten public safety if released
• No bail amount or conditions can reasonably assure public safety/appearance in court

However, lengthy pretrial detention without bail raises constitutional issues. Bail denial must serve a compelling purpose.

Factors Considered in Bail Decisions

Key factors judges consider when setting bail include:

• Nature and seriousness of the charges
• Defendant’s criminal history and record of court appearances
• Safety of the community if defendant is released
• Defendant’s ties to the area such as family, employment, length of residence
• Defendant’s financial resources to post bail

Judges weigh these factors to determine an appropriate bail amount and any special conditions.

Can a Judge Revoke Bail?

Yes, judges can revoke bail and send a defendant back to jail if they:

• Commit new crimes while on pretrial release
• Repeatedly violate conditions of their release
• Obstruct justice or intimidate witnesses
• Fail to appear in court as scheduled

Actions showing a defendant is abusing pretrial release can cause bail revocation.

What Happens at a Bail Hearing?

During bail hearings, the judge will:

• Review the charges and arrest report
• Hear arguments from the prosecutor and defense on bail
• Consider factors like community safety, flight risk and defendant’s background
• Decide whether to set bail, deny it, or release defendant on own recognizance
• Set bail amount and any conditions if bail is set

Defense lawyers can present mitigating arguments on why bail is appropriate.

Can Bail Be Appealed or Modified?

If bail is set higher than you can reasonably afford, there are options to seek an adjustment, including:

• Request bail review hearing to lower amount
• File motion with appeals court claiming excessive or unconstitutional bail
• Provide more background proof of ties to community
• Use a bail bondsman to help post bail if amount is extremely high

Talk to your criminal defense lawyer about bail appeal options if your bail seems unfairly high.

What Happens If You Can’t Afford Bail?

If you cannot realistically afford your set bail amount, you will remain in jail pending trial unless:

• You get the amount lowered by the judge
• A friend or family member posts your bail for you
• You use a bail bondsman to post a percentage as surety
• You qualify for release on your own recognizance without bail

Being stuck in jail pretrial puts you at a disadvantage in fighting your criminal charges.

Using a Bail Bondsman

A bail bondsman can post bail on your behalf in exchange for a non-refundable fee, usually 10% of the bail amount. Benefits include:

• Allows release from jail without paying the full bail amount
• Fee paid to bondsman is non-refundable and keeps you motivated to show up in court
• Bondsman may help with monitoring compliance with release conditions

Bondsmen take on the risk of posting your full bail, allowing pretrial release.

Release on Own Recognizance

“Release on own recognizance” means being released without needing to post any bail. It may be allowed if:

• You have strong ties to the community and minimal flight risk
• Your charges are relatively minor and non-violent
• You have an excellent record of appearing for court dates
• You are pregnant, seriously ill or meet other exceptional criteria

Own recognizance release requires convincing a judge you are low risk.

Violating Bail Conditions

If released pretrial, you must comply with all bail conditions imposed by the court. Violations may include:

• Commit a new crime while on release
• Miss a scheduled court date
• Test positive for banned substances
• Travel outside geographic restrictions
• Contact prohibited people like victims or co-defendants

Violations mean potential bail revocation and return to jail.

Getting Legal Help

Having an experienced criminal defense lawyer represent you at your bail hearing is extremely beneficial. A lawyer can help by:

• Advocating to the judge for reasonable bail or own recognizance release
• Presenting evidence of community ties and low flight risk
• Challenging unreasonable bail requirements
• Beginning work quickly to prepare your defense

With proper legal help, you have the best chance of being released pretrial under fair bail terms.

References

[1] https://www.nolo.com/legal-encyclopedia/bail-getting-out-of-jail-30225.html

[2] https://www.lawyers.com/legal-info/criminal/criminal-law-basics/release-from-custody-at-the-initial-appearance.html

[3] https://www.justia.com/criminal/bail-bonds/

[4] https://www.law.cornell.edu/wex/bail

[5] https://www.law.cornell.edu/constitution/eighth_amendment

[6] https://www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_pretrialrelease_blk/