I Can’t Afford Bail, What Should I Do?

I Can’t Afford Bail, What Should I Do? 

The Eighth Amendment to the United States Constitution forbids the issuance of excessive bail. However, courts regularly set bail that is too high, and a defendant may not be able to pay and may need to consider other options. 

If you are in this situation, your first call should be to Luck Law, LLC, to discuss the facts of your case and how we can help. A Montgomery criminal defense lawyer can identify any possible options for a reduced or eliminated bail.

What is Bail?

Bail is the sum of money criminal defendants must deposit to convince the court that the defendant will return to the court for his or her scheduled appearances. If a criminal defendant does not appear for trial, then he or she may be arrested and incarcerated, and they forfeit the bail money. If they appear as required at all hearings, the bail money can be returned at the conclusion of the case. The amount of bail is typically set at a criminal defendant’s first appearance after he or she is arrested and booked. Bail may also be set or changed at an arraignment or at a separate bail hearing. 

The Problems Associated With Expensive Bail 

Bail is often required for the release of a criminal defendant from jail, and it can be set at an amount that makes it difficult or impossible for people to pay. Many people currently incarcerated are not convicted of crimes but are merely waiting for their trial dates. Individuals may be incarcerated for months or years because they cannot afford to pay bail, while others wait out their cases at home because they have greater financial resources. 

Standards For Setting Bail 

Courts may set bail at an amount based on local rules or procedures. A court may order up to $2,000 bail for petty misdemeanors and $100,000 for serious felonies. Judges do not have to follow such standards, however, and have the discretion to set bail lower or higher than the standard amount. Judges may also release someone on their own recognizance. Judges often consider a defendant’s past criminal record, including any instances of failing to appear at required court hearings. Defendants may have outstanding warrants in other jurisdictions, and this will also influence whether a judge decides to set a bail amount or not. 

What If I Cannot Afford Bail? 

If a criminal defendant cannot afford to pay the full bail amount, other options may be available. The best option is always to have a criminal defense attorney represent you at a bail hearing and argue for lower bail. An attorney may argue that the bail amount is excessive and could impose an economic hardship on the defendant. Criminal defense attorneys know how to demonstrate that you are not a flight risk or threat to the community, so you should not have to wait behind bars during your case. 

A criminal defendant may also use a bail bondsman. The bail bondsman will pay the entire amount of the bail for the defendant and charge the defendant a percentage of the full bond amount. However, you should never use a bondsman or scrape together bail money without first seeing whether a criminal defense lawyer can get your bail reduced or even eliminated. 

A Montgomery Criminal Defense Law Firm Ready to Help

If you are arrested and facing criminal charges, you want the right defense help whether you have excessive bail or not. Contact the office of Luck Law, LLC, today to discuss your situation right away.