Have you ever felt you were in between a rock and a hard place? Frankly, being in jail feels like that. But for judges, this rock and hard place join together at a bond reduction hearing. This court event is always difficult for the judge, as one side or the other in the criminal matter is left unhappy. Of course, that is the nature of most hearings. In this article we will show you ways to get your high bail amount lowered.
Lowering Your Bail Amount
To set your bail, the judge must weigh aspects of your character against your alleged crimes. They also must consider whether you will return to court or try to skip out of your responsibilities. Overall, they must bear community safety in mind. In many cases, particularly for first-time defendants, this is a guessing game. Sometimes judges, being human, reach too far in the high bail amount they set.
When the judge sets an extraordinarily high bail amount or even one you cannot possibly afford, you have some recourse. That option for reconsideration of the bail is a bond reduction hearing.
When is bail too high?
Bear in mind, judges do not try to “punish” defendants through an exceptionally high bail. The state constitution clarifies that this bail amount must fall within reason. But much is left to interpretation by judges who really do want to do the right thing for all concerned. It is just that rock and hard place scenario.
Bail is possibly too high when it appears unfair, unreasonable or unachievable, even through the help of a Triangle Area bail bondsman. Remember, the courts are supposed to be fair. So you have the right to dispute many aspects of your trial process, including bond. Simply talk to your lawyer about filing for a bond reduction hearing.
How Does A Bond Reduction Hearing Work?
In your bond reduction hearing, you and your lawyer must prove that the bail amount is too high. While it is possible to have this amount lowered to one you can afford, that change is never promised or guaranteed.
Helpful arguments in North Carolina courts for a bond reduction hearing can include:
- Release would help you build your defense
- You will lose your employment if not released
- You support your family and they will suffer hardship if you remain incarcerated
It helps to remember the golden rule of the American court system. That is, you are innocent until proven guilty. With the help of a good lawyer, a bond reduction hearing and a bail bondsman, you can get yourself out of jail through a reduced bail amount or options in paying your bond while awaiting trial.
The state must have a clear and specific reason why the bond reduction hearing should not work in your favor. They typically argue their case aggressively. So, if the state has a solid case, the judge can reject your request.
Do Not Incriminate Yourself in a Bond Hearing
One of the biggest concerns in going to a bond reduction hearing to reduce a high bail amount is that of accidentally incriminating yourself. The last thing you want is to give the state evidence to use against you. With your financial resources being discussed as part of the hearing, you can accidentally give them details they would not otherwise receive. This is a big risk for people in some cases, like for financial fraud, theft or selling illegal substances.
If you have information about your situation or background that you do not want prosecutors to know, staying in jail might work best. Talk to your lawyer to make the right decision. Also talk to a bail bondsman at DJ’s Bail Bonds in North Carolina, before filing a request for a bond reduction hearing. We help thousands of people in your shoes every year and can help you, too. Call DJ’s Bail Bonds 24/7 and 365 days per year at 919-986-1547. These are all great ways to get your high bail amount lowered.