If you have been arrested, the court will typically assign your bail amount
based on the reason for your arrest. When your
bail is posted, you will be free to leave jail until your court date. Many
people use bail bond companies to provide bail for their arrested loved
ones, since it may not be possible for them to pay the bail themselves.
While bail amounts can be significant, there are laws against excessive
Individuals who have been arrested have a constitutional right to protection
from excessive bails. The Eighth Amendment contains the Excessive Bail
Clause, which states:
“Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.”
This clause is intended to prevent wrongful pretrial detention and to protect
individuals from impossibly high bails, which would hinder their ability
to pay the bail. Bail amounts still may be high for more serious crimes,
but no bail amount should be set so high as to be a ploy to keep a defendant in jail.
Refusal of Bail
While it is illegal to set an excessive bail, it can be allowed for the
court to refuse to set a bail amount. In order to refuse bail to a defendant,
the court must demonstrate that there is compelling governmental interest
for keeping the defendant in jail while awaiting trial. If this occurs,
you should speak with an experienced criminal defense attorney to help
you protect your rights.
Reducing or Increasing Bail
The bail amount may be subject to change. The defendant has a right to
seek a lower bail, and the prosecution can petition the court to set a
higher bail amount. At a bail hearing, either party can make their case
for a changed bail amount
Get Help from Fort Wayne Criminal Defense Attorneys - (888) 912-7220
If you’ve been arrested on a criminal charge, don’t waste any
time contacting our driven, experienced Fort Wayne
criminal defense lawyers. At
Arnold Terrill, P.C., we are backed by more than 50 years of collective legal experience in
criminal defense. Let us help you defend your rights and protect yourself
from your charges.
We can be reached 24/7!
Contact our team by calling (888) 912-7220 to request a