Bail is a crucial tool in the criminal justice system. In addition to ensuring only guilty offenders serve time behind bars, it reduces congestion in government facilities, reducing the taxpayer’s burden of paying for those facilities. However, not all defendants enjoy this privilege. Some defendants cannot post bail because it is expensive. Fortunately, you can reduce or eliminate bail if you cannot pay the amount the judge sets. It helps to know how to post bail to return to your family, job, and work after an arrest. A reliable bail bondsman can help you with the bail process and the money you need to post a surety bond.
Reasons to Reduce or Eliminate Bail
Bail represents the money a criminal court sets for a suspected offender to pay for pretrial release. If you are suspected of committing a crime in Norco, the police will arrest and detain you until a judge orders your release. You could remain in police custody for hours or days, depending on the nature of your charges. However, the law does not allow the police to hold defendants until a trial proves them guilty. That is why judges grant bail to guarantee that the defendant will make all court appearances. Bail must be expensive to serve this purpose. However, this makes it difficult for most defendants to afford it.
Bail amounts vary from one case to another. Some defendants' bail is more expensive than others’ bail. Judges set bail according to several factors, including the following:
- The gravity of the offense
- The defendant’s criminal history
- The likelihood that the defendant will make all court appearances
- The defendant’s flight risk
- If the defendant’s release will compromise public safety
You will pay heftier bail for a felony offense than a misdemeanor. Some felonies are lighter than others, resulting in a smaller bail. Sometimes, judges set a higher bail to ensure the defendant makes all court appearances. Similarly, the judge can set a higher bail for a repeat offender. If your criminal history is severe, your bail will likely be high. Defendants who are a flight risk are likely to receive a heftier bail to discourage them from leaving the court’s jurisdiction after release.
Once the judge sets your bail, they will direct you on how to make payment. In most cases, only defendants and families that can afford bail can make the payment immediately after an arrest. If your bail is more than your ability to pay, you will likely remain in jail until the conclusion of your case unless you engage a Norco bail bondsman. But that disrupts various aspects of your life, including your career and family. Since you cannot work, run a business, attend school, or care for your family while in jail, you miss a lot after an arrest. Hence, learning how to eliminate or reduce bail is necessary.
How To Eliminate Bail
The essence of bail is to ensure that suspected defendants face trial and that the judges conclude their cases within a reasonable period. Bail must be set high to reduce the likelihood of skipping the trial. If the amount were small, most defendants would opt to lose that small amount rather than face the uncertainty of a criminal trial. However, a substantial amount makes it difficult for most defendants to enjoy the privilege of a bail release. Some defendants remain in police custody, not because they do not want a bail release, but because they cannot post bail.
However, judges are willing to reduce or eliminate bail upon a defendant’s request. Suppose you can demonstrate your willingness to attend the trial and have strong ties within the community. In that case, the judge can negotiate a favorable solution to ensure you enjoy a bail release. In most cases, judges are willing to eliminate bail for first-time offenders through their own recognizance release. An OR release means not paying anything to the court to assure your appearance. But you must assure the court of your readiness to appear. If you are a family person, have a stable job, or run a successful business within the community, the judge can eliminate your bail.
Failing to appear after an OR release can result in grave consequences. Judges do not take these matters lightly. Thus, the judge will order your immediate arrest. The police, armed with a warrant for your arrest, will come after you and arrest you from wherever you are. Once you are in police custody, you will be ineligible for another bail release. You could also face additional charges for failure to appear.
Thus, if you negotiate for bail elimination, you must be willing and ready to abide by the conditions the judge sets for OR releases. However, OR release is usually not available for all first-offenders. Here are examples of circumstances that can cause the judge to deny your application for bail elimination:
- If you face charges for a capital offense like murder or other violence-related felonies,
- If you are a danger to your community or the alleged victim,
- If the judge suspects that you will flee the court’s jurisdiction after the release
Note: Being a first offender and facing misdemeanor charges usually does not guarantee that the judge will agree to eliminate your bail. You must convince the court that you are willing to appear in all court hearings and will not cause problems or commit an offense while out on bail. You must also be willing to find a stable job and not travel out of town until your trial is over. If you must travel, you must seek the court’s permission and ensure you are back in the state in your next appearance.
How To Reduce Bail
If the court denies your petition to eliminate bail, you can fight for reduced bail to make it more affordable. While judges can eliminate bail in some cases, you must provide bail to obtain a release before trial if you face charges for the following crimes:
Capital Crimes
If you face charges for a crime punishable by the death penalty or life imprisonment, the judge can deny you bail or set it high. The judge cannot release you on your own recognizance, no matter how strong your ties to the community are. If the prosecution has compelling evidence against you, and the court is afraid you could tamper with evidence or intimidate eyewitnesses, the judge can deny your bail application. But if you are willing to appear in all court hearings, you could be granted a bail release. Your bail could be high, hence the need to engage a reliable Norco bail bondsman.
Violent Felonies
Judges must also set bail for violent felonies like rape, robbery, and kidnapping. Sometimes, the judge will set a high amount instead of denying bail altogether. However, the judge will deny bail if you are a danger to your community or are likely to intimidate eyewitnesses.
If your bail is high and you are willing to fight for pretrial release, you can try negotiating with the court for a bail reduction. Here are examples of ways you can achieve this:
Applying for Bail Reduction Through Your Attorney
If you face criminal charges and already have an attorney, they can help you negotiate for favorable bail during your first court appearance. Once you enter a not-guilty plea, and the judge opens up the bail matter for discussion, your attorney can appeal for a bail reduction if the judge sets an unreasonably high amount. Recall that bail can be very expensive. Suppose you cannot receive your own recognizance release because of your case’s circumstances. In that case, your attorney can take advantage of some mitigating factors in your case or situation to fight for a fair bail.
For example, they can use your strong ties within your community to convince the court of your readiness to appear in all court hearings. The judge could reconsider the amount if they are sure of your court appearances and the safety of your community.
Filing a Bail Reduction Motion
Your attorney can also file a written motion in court, requesting that the court reduce your bail. This could help if the judge sets more bail than you deserve or can afford. Remember that bail releases are also beneficial to the criminal justice system. They serve the interests of taxpayers. For that reason, judges are prohibited from setting excessive bail.
Once the judge receives the motion, they will hold a hearing to determine the matter. Your attorney can present evidence and arguments to compel the judge to favor you. If you still cannot raise bail after a reduction, a reliable Norco bail bondsman can help.
Filing a Bail Reduction Motion After Change in the Case's Circumstances
If the circumstances of your case change in your favor, your attorney can file a motion in court for bail reduction. For example, if an eyewitness recounts their testimony or your attorney finds compelling evidence to prove your innocence, the judge could be willing to reconsider their earlier decision regarding your bail.
What To Do After Bail Elimination or Reduction
A criminal arrest is a severe matter for its life-altering consequences. Many people’s lives do not remain the same after an arrest because some lose their jobs, and others need the support of family and friends. An arrest can also damage a reputation you have worked hard to build. However, you can save your situation significantly by obtaining a pretrial release right after your arrest. The only problem is raising the required bail within hours of your arrest.
A release on personal recognizance can save your situation. You do not have to worry about raising so much money to secure your release. No one needs to know about the arrest if the judge grants an own recognizance release. You can keep the matter confidential. You will also be back in your life without experiencing a significant disruption that could result in a job loss.
However, you must pay bail if the judge denies your request for your own recognizance release and sets an amount. After a bail reduction, the amount will be easy to raise. You can pay the amount and process your release quickly before so much time is lost in police custody. Judges allow several ways to post bail in Norco.
For example, you can post cash bail if you can raise the total bail. If you choose this method, you must pay the total amount for the court to process your release. The money will be available for collection at the end of your case, regardless of its outcome.
If the amount is still more than your ability to pay, a Norco bail bondsman can help. Fortunately, several independent companies are offering bail bonds in Norco. You can quickly find a reliable, trustworthy, confidential, and affordable bail bondsman to work with. They will handle the entire bail process on your behalf. Additionally, they can quickly release you from jail because of their experience working with the local jails and courts. However, you must pay a small fee for Norco bail bonds. They charge an average rate of 10%, which is reasonable and easier to raise than the total bail.
Find Reliable Norco Bail Bonds Near Me
If you cannot afford bail after an arrest in Norco, a bail bondsman can help. But first, you could fight for bail elimination or reduction with the court to make bail release even more affordable. Fortunately, judges are usually willing to reconsider their decision regarding bail if you are willing to appear in all court hearings. An aggressive criminal attorney can help you fight for favorable bail or a recognizance release.
If the judge denies your own recognizance release but agrees to reduce your bail, we can assist you in posting a surety bond at Fausto Bail Bonds. Our bail service is quick, effective, reliable, and timely. We also support you through the trial until the judge issues the final verdict in your case. Call us at 855-328-7867 for more information about our bail bond service.