How To Get Bail Reduced

Sometimes when a person is arrested and a bail is set, that person can ask for a reduction in the amount for bail. Granting bail is an action taken by the judge at the court appearance under certain conditions. There is no guarantee that one will be given. This action allows the individual to pay the court a certain amount of money to guarantee they fulfill all of the stipulations in their court case according to the judge’s guidelines. The individual must be prompt in fulfilling each of the judge’s stipulations. A very high amount is usually stipulated for this financial guarantee to the courts. Sometimes the courts will grant a request for a bail reduction.

  • Basis for Granting Bail
  • An individuals relationship in the community
  • Age of the person
  • Number of offenses the person has committed
  • Seriousness of the offenses
  • Possibility of the offender actually appearing in court exactly as expected

The offender can use the services of a bail bondsman or pay the total amount assigned in cash. Using a bondsman will allow the offender to pay 10% of the assigned amount as a fee to the bonding company. Normally, the cash is refundable within two months of the individual fulfilling all of the judge’s stipulations when there is payment of a cash bond.

Seeking a Reduction in the Size of the Bail

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  • A book called a bail schedule is used by the judge to get guidance in setting the amount
  • The amount stipulated in this guide for the offense is adjustable up or down at the judges discretion depending on certain factors
  • Usually the assistance of an experienced local attorney is required to get the amount lowered. This usually needs to be a criminal defense attorney
  • The attorney files the required motions seeking the reduction

Considerations for a Reduction

  • Seriousness of the offense
  • Is the individual a danger to the community
  • Are they a flight risk(will they appear in court promptly)
  • The length of the criminal record

If the judge determines that the individual is a stable member of the community, he or she looks at these other factors. The individual would serve himself or herself well to seek the assistance of a criminal defense attorney in one of these proceedings. The services of a bonding company are also required if the person is unable to pay the assessed bail amount in cash. The 10% fee charged by the bonding company for their services is nonrefundable. In addition, the person guaranteeing the availability of the total amount should the offender fail to appear in court, must prove the ability to pay. They sign official documents for this guarantee. All of this is required even in the event of an approved reduction in the amount for bail.

Paul Sousa is a devoted blogger with an interest in law. Amongst the many legal matters he normally tackles, bail hearings and sentencing are what he is best known for.

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