Excessive Bail & Your Rights

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 bail amounts.

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 75 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 free consultation.