Four Things You Need To Know About Appealing Bail

13 May 2016
 Categories: Finance & Money, Blog

There are times when your bail amount may be set so high that you can't possibly pay it. During this time, you can either find a bail bondsman or attempt to appeal the bail. Appealing bail is not a simple process, and there are some things that you should know.

1. Your Bail Order Must Be Final

Though the legal reasons behind this may be a little complex, all you need to know is that your bail amount should be "final" rather than "intermediate" or "subject to change." It's impossible for you to appeal a bail amount that has not been finalized, but some judges in some courts may create bail amounts that they are intending to review again later. 

2. You'll Have to Wait for the Appeal

A judge isn't going to be able to hear your appeal right away. Instead, you'll need to wait for the judge to be available again -- a process that may take days. Though this may be a good option if you're not going to be able to be bonded out anyway, it's generally not ideal if you have other alternatives. 

3. Your History Matters

Bail is not set based on a presumption that you're innocent or guilty. Instead, it's set based on the severity of your crime, whether you're a flight risk, and whether you've proven to be unreliable in the past. If you've missed prior court dates or been found guilty of violating parole, it's very unlikely that a judge will lower your bail amount. In the eyes of the court, you will already have been deemed untrustworthy, and as such they will do what they can to ensure that you comply with their orders.

4. You Need to Have a Reason

You can't simply appeal a bail amount because it's unfair. Instead, you need to be able to show the judge that the bail amount is either impossible for you to come up with or that you aren't a flight risk at all. It's possible that a lawyer can appeal bail entirely and request that your bail be removed, but that only occurs in very rare cases.

All in all, appealing a bail decision is usually not worth the time and effort. It's usually far easier and faster to go through a bail bondsman. A bail bondsman, like Brad's Bail Bonds, may be able to consult with you if you feel as though the bail is so high that you won't even be able to pay a bonding fee.