How Does a Bail Reduction Hearing Work?
Do you have a friend or family member currently in jail, facing a criminal charge? Securing your loved one’s release is likely your highest priority.
If the court sets an excessive bail bond, you can request a lower bail via a motion for bond reduction. At Apex Bail Bonds, we provide affordable and responsive bail bond services. If you want to help your loved one obtain a lower bail amount and help them get out of jail, get in touch with our local bail bondsman today.
Excessive Bail Bonds
After arresting a person, the court may grant them bail, which means they don’t need to remain in jail while awaiting trial. However, before a defendant can leave, they must post bail as a form of security.
The court uses bail bonds and pretrial release conditions to ensure that defendants appear for all court proceedings. In other words, if the defendant fails to appear or doesn’t comply with the bail conditions, they will forfeit the bail they posted.
The Eighth Amendment of the United States Constitution protects defendants against excessive bail. A state’s laws may also prohibit excessive bail. Excessive bail is an amount that is higher than necessary to ensure the defendant makes court appearances and adheres to bail conditions. The United States Supreme Court ruled that a court cannot set a bail amount so high that it is a practical denial of bail. That said, the Eighth Amendment doesn’t create the right to bail under all circumstances, and the courts have the discretion to deny bail.
Bond Reduction Motion
Under the Bail Reform Act and various constitutional protections, a defendant can request a bail reduction hearing if the initial bail amount is too high for them to pay.
During this bond reduction hearing, the defendant must demonstrate to the court’s satisfaction that:
Any intentional effort by the court to force the defendant to remain in jail while awaiting trial is unconstitutional. However, if this isn’t the court’s motive, it can set any justifiable bail amount.
If the court decides not to lower the initial bail amount during the bail reduction motion, it must provide a reason for the bail amount. The court can outline this rationale in writing or orally for the record. In this case, the defendant can either post the bail amount the court set during the initial arraignment hearing or remain in jail.
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Alternatives to Bail Reduction
If the court sets a high bail amount, various options are available to secure your loved one’s release. For example, you or another family member can post bail on behalf of a defendant in jail.
You can also post a property bail bond. In this case, the court registers a lien on your property as security that the defendant will return to court. However, if the defendant misses a court appearance, the court will foreclose on your property.
Another option is to take advantage of a surety bond. At Apex Bail Bonds, we offer surety bonds to defendants facing unaffordable bail amounts.
Under a surety amount, our bail bondsman posts bail on behalf of your loved one, securing their release from jail. We charge a non-refundable premium for this service, which is 10% to 15% of the bail amount.
This service is ideal if your family member’s bail reduction hearing was unsuccessful. For example, suppose the court sets bail at $10,000. In this case, instead of posting the entire bail amount, you only need to pay $1,500, and we will arrange your loved one’s immediate release.
With a surety bond, you don’t need to waste valuable time raising funds to post your loved one’s bail, and you don’t need to put your property ownership at risk.
At Apex Bail Bonds, we aim to make bail bonds as quick, affordable, and convenient as possible. We are a large group of reputable bail bondsmen who have successfully processed bonds of six and seven figures, and we offer flexible payment options. If someone close to you is in jail, contact our bail bondsman to secure their release today.