What is Excessive Bail?

Bail Money

You Have the Right to Appeal Excessive Bail Amounts.

The 8th Amendment in the Bill of Rights prohibits the courts from imposing excessive bail or fines on a defendant. The amendment doesn’t give any specific amount that qualifies as excessive bail, but it has been interpreted to mean that the bail amount should reflect the crime committed and the risk of the defendant skipping town.

Know Your Rights

There are several factors that the court uses to determine the amount of bail. These factors include the type of crime committed, criminal history, flight risk and any extenuating circumstances that pertain to the case at hand. Once all those factors have been considered, an arraignment hearing is held. At this hearing, the defendant will make a plea and the judge will set bail.

In the event that the defendant and their lawyer feel the bail amount is too high and falls in the category of excessive bail prohibited by the Constitution, they can file a motion for the reduction of bail. If the court rejects this motion, the defendant has the right to appeal to a higher court.

Contact a Bail Bond Agent

Many times the bail amount does not fall into the category of excessive bail, but is it still too much for the defendant to pay out of pocket. It is for these situations that bail bond companies like Double “O” Bonding exist. We are here to help you get out jail as soon as possible by posting bail when you can’t afford it. Whether you’ve been arrested on charges for a misdemeanor or a felony, we are here to help you get the bail money you need.