If you have been arrested on suspicion of criminal activity, it is likely
that the court will assign your bail based on the reason for your arrest.
Typically, bail hearings occur shortly after your arrest, and your bail
amount is determined. When your bail is posted, you are free to leave
jail until your scheduled court date. Many individuals and their families
rely on bail bond companies to help them pay bail since it can be difficult
to pay the cost of the bail. While bail amounts should be significant
to discourage the arrested person from skipping their court date, they
also should not be so excessive as to be impossible to pay.
Laws Regarding Excessive Bail
You have a constitutional right to protection from excessive bail. The
Eight Amendment includes the Excessive Bail Clause, which reads:
“Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.”
The purpose of this clause is to prevent wrongful pretrial detention. If
the prosecution is hoping to prevent the release of the defendant before
their trial, they may petition for an impossibly high bail to be set,
which would effectively prevent the defendant from posting bail. While
bails can be very high for those accused of serious crimes, they should
never be used as a way to keep the defendant in detention.
Refusal of Bail
It is illegal to set an excessive bail, the court does have the option
of simply refusing to set bail. In order to justify the action, however,
the court must demonstrate compelling governmental interest for keeping
the defendant detained until their trial. If the court is refusing to
set bail for you, speak with an experienced criminal defense attorney
about your options.
Reducing or Increasing Bail
The bail amount isn’t static, and it is possible that it may be changed.
You have a right to petition the court for a lower bail amount, while
the defense may seek a higher bail amount for your release. At the bail
hearing, both the defense and the prosecution can make their case for
a change in the bail amount.
Get In Touch With Our Murfreesboro Criminal Defense Lawyer - (888) 988-5578
If you have been arrested, you need hard-hitting defense to protect your
Crain & Flatt Attorneys at Law, we are backed by decades of collective legal experience in a wide array
of criminal defense issues. Our Murfreesboro
criminal defense attorneys know what you are going through, and we will treat you with
the respect and compassion you deserve while we build an aggressive and
Don’t wait to get help.
Contact our firm online or call (888) 988-5578 to schedule a
free initial consultation.