Bail Issues And Criminal Defense Attorney Support: What To Know

24 August 2023
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Bail is an important factor after an arrest. If you have been denied bail or feel that your bail is too high, you will need to consult a criminal defense attorney. A criminal defense attorney can work to get bail offered or reduced if they believe it is too costly or if bail has been denied. They do this by presenting arguments and evidence to the court during a bail hearing or by filing a motion for bail reduction. Here's what you need to know about bail issues that can be solved by your lawyer. 

  • Bail Hearing: When a person is arrested and brought before a court, the judge will determine whether to grant bail and, if so, at what amount. During the bail hearing, the defense attorney can present arguments to the judge in favor of setting a reasonable bail amount. They may highlight factors such as the defendant's ties to the community, employment history, lack of prior criminal record, and willingness to comply with any court orders or conditions.
  • Motion for Bail Reduction: If bail has already been set, but the defense attorney believes it is too high or unaffordable for the defendant, they can file a motion for bail reduction. In this motion, the attorney will present compelling reasons why the current bail amount should be lowered. They may provide new evidence or circumstances that were not previously considered during the initial bail hearing.
  • Change in Circumstances: A defense attorney can argue that there has been a change in circumstances since the initial bail hearing that justifies a bail reduction. For example, if the defendant's financial situation has changed, or if new information is available, that could affect the court's decision.
  • Bail Package: In some cases, the defense attorney may work with the defendant and their family to create a bail package. This package may include character references, employment verification, proof of community ties, and a proposed plan to ensure the defendant's appearance in court. Presenting a comprehensive bail package can demonstrate to the court that the defendant is not a flight risk and is committed to complying with the legal process.
  • Negotiation with the Prosecution: Defense attorneys may also negotiate with the prosecution to agree on a reasonable bail amount. In some cases, the prosecution may be willing to support a bail reduction if they believe it is appropriate given the circumstances of the case.

It's important to note that bail decisions are at the discretion of the judge, and not all requests for bail reduction will be granted. A skilled criminal defense attorney can effectively advocate for their client and increase the chances of a favorable bail outcome.

 For more info, contact a local criminal defense lawyer