Bail Amount And How Much Is Appropriate

Across United States the concept of Excessive Bail exists and comes quite often in their legal system

. In simple words it is a case where in an unusually and unreasonably high amount is quoted as the bail amount. This issue is normally brought into notice in case of a bail set for minor crimes. In case a defendant is of the opinion that the bail money is excessive, he or she can apply for reduction of bail amount.

The origins of this concept go way back to England. There sheriffs were allowed to make the decision on the defendants bail i.e. whether the bail should be provided or not. Also they had the authority to decide the bail amount. As a result there was a rise in corruption among the government officials. Hence the government passed laws that determined which offenses were bail able and which were not. Thus came the concept of excessive bail.

In United States when the constitution drafted the eighth amendment there was a specific portion that was drafted for the protection against excessive bail for bail bonds. A judge while setting bail for a bail bond can determine the appropriate bail amount taking into consideration the circumstances. Bail must be high enough that there is a genuine incentive for the defendant to return for trial, but it cannot be so high that the defendant is not able to raise appropriate funds. Even if a defendant does have the money, the bail amount cannot be different for similar crimes. For example, two people accused of the same crime with the same degree of flight risk shouldn't have differing bail amounts.

A major concern with a high bail amount is that the bail could be so alarmingly high that the defendant is forced to remain in jail while awaiting trial. Here although she or he is entitled to the opportunity to pay bail and be released will have to remain in jail. Likewise, high bail could be used to penalize or intimidate. For example, a juvenile offender charged with committing a minor nuisance crime who is asked to pay a bail of $600,000 United States Dollars (USD) has the right to argue that she or he is being unfairly treated.

california bail bonds, San Bernardino bail bonds, riverside bail bonds the bail law and types of bail bonds vary greatly across different locations in the United States.

Lawyers who regularly work in court on criminal cases are generally familiar with bail amounts. If a lawyer feels that a client is being asked to pay a bail amount which is unreasonable, he or she may make an argument that excessive bail is being asked, and demand that the court reduce the bail amount. A bail bond agent however does not have that right.

by: Daniel Adams

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