What Are My Options if a Judge Gives Me Excessive Bail?

 Posted on October 17, 2022 in Uncategorized

If you or a loved one have been arrested, you may be wondering what to do if the judge sets bail at an amount that you cannot afford. Fortunately, you have rights under the Eighth Amendment of the United States Constitution, which protects you from having excessive bail set in your case. The Texas Constitution also addresses this issue and prevents judges from setting bail at unreasonably high amounts. While you may be able to fight against excessive bail as a defendant in a criminal case, you will also want to make sure you can be released rather than being held in jail. By securing a bail bond, you can get out of jail and determine your best options for moving forward with your case.

Your Rights Regarding Excessive Bail

The Eighth Amendment and the Texas Constitution Bill of Rights both state that "excessive bail shall not be required" when a person is arrested and charged with a crime. Bail should be no more than is necessary to ensure that the individual appears for their court proceedings. In addition, bail cannot be used to oppress or discriminate against a person, and a person's ability to pay bail may also be considered when determining an appropriate amount.

There are a few factors that a judge will consider when setting bail, including: 

• The seriousness of the offense

• The weight of the evidence against the individual

• The individual's past criminal history

• Whether the individual is a flight risk

If you believe that the bail set in your case is excessive, you can ask the court to reduce it. The court will then hold a hearing on the matter, during which you can present evidence as to why the bail should be reduced. If necessary, the judge may decide to impose other restrictions as conditions of bail, such as prohibiting you from contacting the alleged victim of a crime or associating with others who may have been involved, requiring you to use GPS monitoring or undergo regular drug testing, requiring you to maintain employment and continue paying child support or meeting other financial obligations, or limiting your ability to travel outside of a certain area.

What Happens if I Cannot Afford Bail?

If the judge sets bail at an amount that you cannot afford, you have a few options. You can ask the judge to lower the amount of bail. You will need to show the judge why you cannot afford the bail that has been set. For example, you may need to show proof of income or lack thereof.

You can also contact a professional bail bondsman at Doc's Bail Bonds who can help you post bail. When you work with us, you will usually be required to pay 10 percent of the total bail amount as a fee. The advantage of using our bail agents is that we will post bail for you so that you do not have to come up with all of the money yourself. We can provide you with affordable options for paying the 10 percent that you will owe, including holding collateral in place of cash or setting up a payment plan without performing any credit checks. 

Contact Our McKinney Bail Agents

If a judge sets bail that is higher than you can afford, there are still options available to you. You can work with your attorney to ask for a reduction in the amount of bail and show that you are not a flight risk or a danger to the community. To ensure that you will be able to get out of jail and get back to your normal life as you address these issues, the professional bail bondsmen at Doc's Bail Bonds can make sure that bail will be posted properly while giving you affordable payment options. Call a Collin County bail bondsman today at 214-747-4110.