If you are arrested and charged with a crime, you can be released on your own recognizance ahead of trial, or a judge can decide to impose a bail amount that you must pay if you wish to be free ahead of your trial. Laws have been put in place to prevent judges from setting excessive bail amounts that could unfairly affect those who don’t have the means to pay, but that still doesn’t mean you’re guaranteed to get a fair bail amount set in your case.
However, if you have a criminal defense lawyer by your side during your bail hearing, there’s a good chance you’ll end up with a much lower bail amount than had you gone it alone. In today’s blog, we explain how an attorney can help reduce your bail amount so that it’s not such a financial blow.
Reducing Your Bail Amount
In cases where bail will be set, after you are arrested you will be brought before a judge in court where a bail amount will be ordered. Even though this happens relatively early in the process, you are legally allowed to contact a lawyer and have them be present at the bail hearing. At this hearing, you or your lawyer will be given the chance to make remarks, and your side can use that time to put forth some reasons why the bail amount should be a lower amount.
Some common arguments lawyers make to help showcase that their client should have a reduced bail amount include pointing out:
- You are not a flight risk.
- You do not have additional pending criminal cases.
- You have children who could be unjustly impacted by your inability to post a high bail amount.
- You have employment requirements that could result in your termination if you can’t meet bail.
- You are not currently or have never been on probation.
- You have a limited or blank criminal record.
- You have a serious medical condition that could worsen by pre-trial incarceration.
- You do not pose a threat to the community.
It’s important that you really explain why these factors are important and not just that they exist when making a case at your bail hearing. Just because you have kids and a job doesn’t mean the judge will be moved to reduce your bail amount, you need to showcase how your kids could be affected or how your financial situation and your ability to pay any fines associated with the crime could be greatly impacted if you lose your job as a result of your inability to make bail. Your lawyer will likely be much better at making these connections because we’ve done it for so many clients in the past, so we know the best way to highlight your unique situation.
After a bail amount has been set, you or an associate can pay the full amount and be released ahead of trial, or you can go through a bail bonds service. To learn more about how bail works or what it means to have your bail posted by a bondsman, just follow the two links.
So if you or someone you know is set to have their bond amount determined, consider contacting Avery and the team at Appelman Law Firm before the hearing. We can help reduce your bail amount, and we can go over your options for contesting the original criminal charge. For more information, reach out to Appelman Law Firm today at (952) 224-2277.