Can You Appeal Bail If It Is Set Too High?

It’s very common for a person to be held after an arrest with a very high or excessive bail amount that they cannot afford. In this instance, many people turn to a bail bonds agent in Angleton to ease the cost of the bail and release the person from jail until their hearing. However, some bail amounts are even too high to get adequate help from a bail bondsman, meaning the arrested person is stuck due to an inability to pay.

If you or someone you love is arrested and the posted bail is too high for you to afford, there may be another option for you. In some cases, the defendant can file a motion for bail reduction and lower the amount of bail they have to pay for their release.

What is bail reduction?

When a defendant cannot afford high or excessive bail, they can sometimes request bail reduction. This reduction lowers the overall amount necessary for release, allowing the defendant to pay the money themselves or to secure a bail bond from a bail bonds agent in Angleton.

Each state has different procedures, rules and restrictions on filing for bail reduction, so it is important for the defendant and their lawyer to understand those differences. However, the burden is on the defendant or their attorney to prove that they cannot afford bail and deserve a reduction because they are not a threat to others, have a close tie to their community and do not pose a flight risk prior to their hearing.

Steps for bail reduction

In order to possibly receive a bail reduction, the defendant must first file a motion that states the current bail amount, the nature of the charges they are being held for and a statement as to how or why they are unable to afford bail. After the motion is filed, a hearing may be set up.

At the hearing, the defendant can present evidence as to why they cannot make bail. The defendant is not required to speak on behalf of themselves and can have a family member or friend speak on their behalf. Any evidence provided at this hearing can be used against the defendant at their formal trial, so they should be careful with what they present.

In Texas, a defendant must prove that they attempted to post the current bail bond before filing for bail reduction before the court can legally consider reducing bail. After the hearing, the court will consider all factors in the case, including evidence from the hearing, the nature of the charges and others, and either deny or grant bail reduction to the defendant. Then, the defendant can either post bail using their own funds or seek the assistance of a bail bondsman.

Do you or a loved one need the help of a bail bonds agent in Angleton? Call Brazoria County Bail Bonds. For 25 years, we’ve offered bail bonds for a wide range of offenses so that you can spend more time working or with loved ones before your court date. We accept many forms of collateral and can help you, regardless of the charges you’re facing. Give us a call today!

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