A bail hearing usually means an opportunity for a defendant to get out of jail. However, if the bail is higher than expected, the defendant and his family could be left scrambling to find the funds to be released. Unfortunately, some people are unable to get the funds needed and end up staying in jail until their case is concluded. If your loved one's bail is too high, here is what you need to know.
What Can You Do?
If your loved one's bail is too high, a bondsman from a company like STAT Bail Bonds LLC can help. The bondsman would require your family to put up a percentage of the bail amount and your loved one can be released.
Your loved one's attorney can also ask the court to reduce the bail amount. Although this might seem like a waste of time since the judge has already set the bail, there are several good reasons for filing a motion for a reduction in bail.
For example, during the bail hearing, the judge is only given a certain amount of information to make a determination on the bail amount. He or she might have been missing information that could have caused him or her to set a lower bail amount.
Another reason to ask for a reduction is that your loved one's attorney can make the case that the defendant is not a threat to the public or a flight risk. The attorney can also argue that the amount set was unreasonable for your loved one due to the nature of the alleged crime or your loved one's standing in the community.
What Has to Be Proven?
If your loved one's attorney is arguing that his or her standing in the community warrants a lower bail amount, the attorney has to prove that your loved one is so firmly embedded in the community that fleeing is not an option.
For example, your loved one's attorney could cite his or her employment record, family, club associations, community work, and education as proof that he or she is deeply rooted in the community. Statements or in-person testimony from your loved one's employers, family, friends, and members of the community can help make the case.
Your loved one could also provide the judge with a list of additional requirements that he or she would be willing to do while out on bail. For instance, he or she could offer to attend drug rehabilitation or take a GED class while out on bail. Not only could this be helpful in trying to get the bail reduced, but also help your loved one when it is time to go to court for the charge he or she is facing.
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