Bail Bond Industry

Getting arrested is a nerve-racking experience for anyone that has to go through it. The first thing on most people’s minds after their arrest is, “When am I going to get out?” Luckily for many, getting out of jail is not too hard of a task to accomplish. The United States Constitution guarantees a person’s right to a non-excessive bail amount, and this guarantee ensures that most people have the chance to get out of jail quickly. Knowing how the system works is where your bail agent comes in – with the ability to get you released within a matter of hours instead of days.

After Being Detained

The first thing a person charged with a crime will go through is being arrested. In many cases, this can be the most distressful part of the entire case. Police will escort an accused person to central booking where they will be fingerprinted, have their photograph taken and be put into a holding cell. A person is usually allowed a phone call after being booked into jail. This call can be to anyone, but there are only a few people that should be contacted if a person is trying to get out of jail quickly.

Who to Call for Bail

In most instances, crimes have a set bail amount, which is listed on each county’s bail schedule. This is a set total for anyone who commits a particular crime. These bail amounts are probably going to seem excessive, mostly due to the fact that America has some of the highest bail amounts in the world. A person can always call their family and hope that they have the amount needed for bail, but this is highly unlikely on such short notice. This usually leads the accused to contact a bail bondsman. These bail agents only require a fee equal to ten percent of the bail schedule amount for posting a surety bond for your release.

Getting Bonded Out

Most legitimate bail agents will visit their clients in jail, free of charge, to discuss their release. Many people believe that they must pay a bail bondsman’s entire fee up front, but this is not the case. Most agents allow zero down payments and long term payment plans, and this gives just about everybody the chance to get out of jail quickly. In situations where agents don’t take an upfront payment, it may be necessary to provide some type of collateral, but the pledged property will never be in any danger as long as the accused makes their court dates.

The facial expressions on thousands of mug shots show the level of worry a person feels when they are initially arrested. The best thing any person should do in this situation is to try to remain calm. In all likelihood, a set amount exists on the bail schedule for their charge that will allow bail to be posted. Luckily, in most situations, the legal system is set up to get people home as quickly as possible – the jails are usually overcrowded, and this will generally increase the chances of a faster release.

 

What Exactly is DUI?

Driving under the influence (DUI) leads to more arrests than any other crime in California. A DUI can lead to several harsh consequences, including jail time. An arrest for a DUI often leads to a long line of problems for a person both before and after their sentencing. Most believe that they know what a DUI charge entails, but many people don’t know that a person doesn’t even have to have a single alcoholic beverage in their system to be charged with the crime. Knowing exactly what is considered a DUI in the state of California is the best way to protect oneself from harsh penalties.

The Legal Definition

Most people know the old rule that having a blood alcohol content (BAC) of .08 or higher can land a person in jail for driving under the influence, but there are other nuances to the law that many people do not know about. A person under the age of twenty-one, for instance, can receive a DUI if they blow a .01 into a “breathalyzer.” This means a person under the legal drinking age can be arrested for a DUI if they have any trace of alcohol in their system at all while driving.

It is also important to note that a person doesn’t have to have any trace of alcohol in their system to receive a DUI. California law states that if a person under the influence of any drug is operating a vehicle, they may be charged with a DUI if they can’t operate it at the level that a completely sober person would. This can be caused by illegal drugs, prescription drugs or even over the counter medications. The effects of a DUI charge based on drug use are just as harsh as a regular DUI conviction.

Consequences of a DUI

There are several harsh consequences that a person faces if they are convicted of a DUI charge. After only one DUI offense a person may face up to six months in jail, a twenty-six hundred dollar fine, a license suspension lasting up to ten months and the requirement to install an interlock ignition device. All of these consequences are very costly, and they get worse if a person has already been convicted of a prior DUI.

A conviction of driving under the influence can also affect a person’s job, family and future. Being sentenced to even a few days in jail will cause a person to miss time at work. Many bosses will not take kindly to a person missing work over a DUI. The fines related to a DUI conviction can also hinder a person’s ability to pay their bills and take care of their family. One of the most obstructing consequences of a DUI is that it shows up on a person’s criminal record. Even though many job applications state that a conviction will not necessarily bar a person from employment, it will definitely be considered when a manager is deciding whom to hire.

Urgency of Defense

Because of these harsh consequences, it is important for a person to get out of jail as soon as possible and start preparing their defense. Regardless of what many people believe, there are legitimate defenses against a DUI charge, but building a defense case from the confines of a jail cell will be difficult for anyone. DUI offenses are usually listed on a county’s bail schedule, which means a person can often get out of jail on bond before ever seeing a judge. Bail bond agents can usually have a person out of jail within a couple of hours of being contacted. This means a person might not miss any work, and will have plenty of time to contact a lawyer and prepare a defense before being arraigned.

Being convicted of a DUI will seriously affect a person’s life now and in the future. It is important to know that a person doesn’t have to be seriously intoxicated by alcohol to receive a DUI conviction in the state of California. Many people believe that once they are arrested for this crime that they have no choice but to plead guilty and move on with their lives, but this is not the case. There are legitimate defenses against DUI charges, but it is imperative that a person contacts a bail bond agent to get out of jail as quickly as possible so that they can begin their defense.

Getting arrested starts an entire series of hardships and consequences that a person must face. People are often left sitting in jail waiting to see a judge so that they can learn their bail amount, but this is not always necessary. Regardless of the situation, there are standards in the legal systems of most states and localities that dictate how long a person will be in jail before seeing a judge. People being held on Federal charges actually have a law on their side stating when their arraignment must take place. There are circumstances when a person can get out of jail before seeing a judge, but people usually can’t take advantage of these legal nuances if they do not know of them.

How Long Before Seeing a Judge

There is no set federal law that tells states and localities when they must arraign a defendant, but most areas provide the accused with their first appearance in front of a judge between forty-eight and seventy-two hours after booking. This time frame will vary greatly dependent on how busy a specific jail is and on when a person was arrested. Many areas do not hold court on the weekends or holidays, so if a person is arrested around either of these times, they may be held for a bit longer than usual.

If a person is arrested on federal charges then federal law requires they be given their initial arraignment within forty-eight hours of their arrest. This will also vary if a person is arrested on the weekend or holiday, but the time doesn’t exceed seventy-two hours. In both local and federal courts, a person is informed of the crime they are being charged with and expected to enter a plea. If a person enters a “guilty” or “nolo contendere” plea, then they may be sentenced immediately. If a “not guilty” plea is entered then the judge will inform the defendant of the bail amount, if any, that they must post before leaving jail.

Getting Out Before Seeing a Judge

Once a person goes before a judge and is given a specific bail amount, they can get out of jail as soon as they post that amount. It isn’t, however, always necessary for a person to wait in jail before seeing a judge. In most areas, certain crimes have a preset bail amount, known as a bail schedule, which can be posted before a person ever sees a judge. In these instances the defendant can be released without ever seeing the inside of a courtroom.

Bail amounts, even preset ones, may seem excessive, but bail costs in America are high in general. If a person has the available funds to post their own bail then they may do so. In most cases, however, a person will likely be better off if they contact a bail bondsman. These bondsmen are usually able to get a person released from jail within hours of being contacted. If a person is able to use a bail agency, they may be out of jail before missing any work at all. Bail agents only charge a ten percent fee of the bail amount, so they are much cheaper than if a person tried to post their own bail.

Going to jail is a stressful situation for anyone. It can affect a person’s job, family and freedom. Seeing a judge for arraignment is the right of every person accused of a crime, but the time frame in which this occurs is usually in a gray area in local matters. A person who knows their rights is far more likely to get out of jail in a short amount of time. Many crimes carry with them set bail amounts; this means bail bondsmen can have a person out of jail in a matter of hours. It is important that a person contact a bond agency as soon as they get their phone call after arrest to see if their charge has a set bond amount. If it does, then a person can continue with the responsibilities in their lives without allowing their arrest to seriously affect them.

 

Going to jail is a stressful event for anyone. Even an arrest for a minor crime can lead to a night in the county lockup. If you are arrested you definitely want to take advantage of your phone call as soon as possible and contact a bail bondsmen. These bail agents are often able to secure a person’s release in only a few hours. This could get a person out of a holding cell before they are even put into general population.

The eighth amendment of the U.S. Constitution guarantees bail for almost anybody, so it is important to use this right as quickly as possible. If you aren’t able to secure bail immediately, and you end up in jail with other inmates, here are a few simple ways to ensure you survive the night without any serious consequences.

Don’t Resist Officers

Resisting police demands is one of the quickest ways to get hurt while spending a night in jail. Officer demands may seem trivial, and sometimes even unfair, but it is important to follow these commands to the letter. Showing any physical resistance or even disrespect can lead to an officer getting physical with you.

It may not be right, but getting officers removed from their posts for using excessive force is a difficult and time-consuming venture that often ends in the officer’s favor. It is best to do what they say when they say it. You will not be in jail for long, so it is a small price to pay to not be hurt.

Request a Single Cell

If a single cell is available you should request that cell. While most inmates mean you absolutely no harm, there will always be at least one bad apple in the bunch. The chances of you ending up in a cell with that bad apple are slim, but there is still the possibility. Don’t demand that officers give you an empty cell, because they don’t legally have to. Make the request in the friendliest way you possibly can.

Become an Island

Keeping to yourself is one of the best ways to ensure your safety while in jail. Don’t appear to be scared of other inmates, just look as if you aren’t interested in making conversation with anyone. If someone does ask you a question, however, make sure that you answer it. If you don’t answer then you may come off as rude, and that information will assuredly make its way around the jail unit. Answer any questions with a short and quick response while trying to sound friendly. It is also important to not accept favors. Another inmate may appear to be nice and inviting, but he may use any accepted favor as ammunition to get something he wants later.

Try not to Sleep

If you do end up in a shared cell then you should probably come to terms with the fact that you may not be getting any sleep that night. While most people in county jail are only there for minor offenses, there are still inmates who may try to hurt you when you’re vulnerable. Stay awake in your cell with your back against the wall. Even if there are violent offenders who want to test you, at least you will not be sleeping if they try.

Going through a night in jail is likely going to be a taxing event on anyone. County jail isn’t the same as prison, so there will be far fewer people around you that are willing to cause you harm. Even with this being the case, there are still bad people in every jail unit in the country. In California, even a minor probation violation will lead officers to put you back into county intake. Speaking with a bail bondsman before being put into the regular population is the best option for surviving jail, but even if you can’t get out quickly, these tips will help make sure that you do get out safely.

 

 

The crime of domestic violence has led to the second highest arrest rate in California. It beats out every other crime except for DUIs. Unfortunately for many, domestic violence is a crime that doesn’t need a victim’s report to lead to an arrest.

Even if both parties claim that there was no violence and that the situation has been resolved, California police must make an arrest if certain criteria are met during the call. This protects the government from possible civil suits, but it does make life much harder on the accused and sometimes their family. Knowing the ins and outs of domestic violence is the best way to survive a criminal domestic violence charge.

What is Domestic Violence?

Domestic violence is a crime against a significant other – that can include bodily injury, sexual assault or placing another person in fear of serious bodily injury or death. This type of intimidation can often lead to jail time in non-domestic situations, but the fact that it is committed against a current or prior loved one makes it a crime punishable by much harsher standards.

California has made it a high priority to protect its citizens from dangerous family members because statistics show that strangers commit only 14% of statewide murders. On the other hand, a spouse or other family member of the victim commits a whopping 20% of all California’s murders.

The Domestic Violence Protection Act

This California law allows domestic violence victims the ability to obtain protective or restraining orders against the perpetrator of their domestic violence. Family members and current or former spouses can obtain these types of orders. The law also allows for the arrest of a violent person who is in a dating relationship or even same-sex relationship. In some instances there doesn’t even need to be visible injuries on the victim for an officer to effect an arrest.

Restraining orders ensure that a person doesn’t come within a certain distance of their alleged victim, but certain orders can go even further. An ex parte order (decision which is directed by a judge without all parties present) can be issued that bars phone calls to a victim and contact with their family. Judges can demand that the accused refrain from several different acts in relation to the alleged victim, and it is always important that the accused follow all of these instructions or their bail might be revoked.

Getting Out of Jail

It is important to get out of jail quickly when arrested for domestic violence. Just because a person had a temporary problem with a loved one does not mean that they are never going to see each other again. In fact, in many cases the accused is the financial backbone of the victim’s family. Anyone arrested should contact a bail bondsman quickly, as they are usually capable of getting a person out of jail within hours. This will ensure that person doesn’t lose their job or any work hours due to the sudden and unfortunate arrest.

The accused also has the choice of paying the entire amount of their bail, but this is going to be very expensive – especially in a domestic violence case. Someone who pays their own bail risks having that money tied up for a lengthy trial, and can possibly lose some of it to court costs. It is best to speak with a bail agency and then follow all court orders until the charge is dropped or handled in court.

Life Goes On

Domestic violence calls often lead to arrests, even if both parties press no charges and personally feel the situation has resolved. This will lead to difficulties for the accused and may make their family’s life extremely difficult. It is important to get out of jail as soon as possible and ensure that any protective orders are followed. This will guarantee that a person can get back to taking care of their family as soon as possible.

While out on bail, the accused should continue working at their place of employment and be careful not to escalate the already emotionally-charged relationship with the alleged victim – whether there is a protective order in place or not. A temporary legal hassle is often not the end of these relationships.

Being arrested is one of the most stressful events any person can go through. After an arrest it is usually guaranteed that a person will spend at least a small amount of time incarcerated, even if they’re able to post bail soon after their arrest. Unfortunately for many, even after a person is released on bond, their initial bail amount can still be increased. This means that a person can literally be free awaiting their trial and then be incarcerated again if a judge decides to raise their bail amount. This can happen in several instances, but there are ways to ensure a person can still maintain their freedom while awaiting trial.

When a Judge May Raise Bail

There are several instances when a judge may choose to raise a person’s bail amount after they have been released. A person may be arrested for a misdemeanor and receive a bail amount based on that charge, but after the facts of the case are reviewed a judge could choose to amend the charges. In many cases a prior record could warrant a higher bail amount or even change a misdemeanor into a felony. In these cases, the bail amount will usually always be raised.

A person may also face a higher bail amount, or even a hold, if a judge realizes that the accused is on probation or parole for another crime. Once a person gets their first appearance in front of a judge, the judge may choose to raise their bail or even revoke it altogether if they are still serving probation or parole time for a previous crime. Even in these instances, it is still possible for a person to retain their freedom.

How to Stay Free

A person who has their bail amount increased has several options to stay out of jail. That person’s attorney can go before a judge and request that the additional bail be lowered. A judge will consider all of the facts that the attorney puts before him, so it is imperative that the lawyer be fully prepared to show the judge that their client isn’t a flight risk and that the case has substantial defense.

Many people released on bail are able to gain their freedom by using the services of a bail bondsman. These bail agents can also go before a judge and help a person retain their freedom if their bail amount is raised. The agent can explain to the judge that the accused is a trustworthy person, already bonded and that they will make all of their scheduled court dates. The bondsman can also assure the court that the additional bail amount can be paid in short order, and if the accused doesn’t show up for their court appearances, they have a lot to lose. A higher bail amount does mean an increased fee to a bail agent, but bail agencies are willing to set up payment plans if necessary.

People that have their bail raised after they’ve been released face several hardships that they may not deserve. Luckily, between a person’s attorney and their bail bondsman there is a great probability they will be able to remain free while awaiting trial. It is important to stay in contact with both of these professionals if a judge decides to raise a bail amount after an initial one has already been set. 

Modern bail agents have been securing freedom for people accused of crimes since 1898. In this time, bail bondsmen practices have evolved, but the premise of the practice has remained the same throughout American history. Bail agents usually take ten percent of a person’s posted bail amount as a fee and sign a surety with courts allowing for a person’s quick release while awaiting trial. Many people believe that these agents have no actual use other than securing a defendant’s release, but they are actually an integral part of the criminal justice system. Without bail bondsmen the criminal justice system in America would find it far more difficult to function.

Overcrowding

Overcrowding is a serious problem in many jails across the country. Bail bond agents actually help to ease this problem. Even though the Constitution of the United States expressly forbids excessive bail amounts being imposed, the amounts that are enforced are still some of the highest in the world. If it were up to defendants to post their own bail, many would end up sitting in jail awaiting their trial. Bail bondsmen provide an overall low-priced way for accused persons to get out of jail almost immediately after their incarceration. This not only eases overcrowding but also ensures that the space available in jail is saved for serious criminals.

Preparing Defense

Bail bond agents don’t just provide a service that slows the overcrowding of detention institutions, they also allow people accused of crimes to take a proactive role in their own defense. It is difficult to properly prepare a defense case against state prosecutors, so a person can only imagine the difficulty someone would have trying to do this from the confines of a jail cell. Bail bondsmen allow people the best chance of beating the charges against them, and this lessens the chance that a person will be punished for a crime that they didn’t commit. This not only saves an innocent person from going to jail, it also saves the state the money it would spend on supporting an additional inmate.

Allows Proper Release Criteria

When jails have issues of overcrowding it can lead to less stringent release criteria. A judge who knows that a jail is already at capacity may have to consider releasing criminals they otherwise wouldn’t in an effort to keep the jail population down. The Constitution only guarantees that a person cannot be punished with excessive bail, not that they will receive bail. Judges, at their own discretion, can deny a person bail if they feel the accused could be a flight risk or a danger to others. Judges who don’t have the weight of an overcrowded facility on their shoulders are better equipped to enforce appropriate release criteria.

Bail agents are an integral part of the criminal justice system. They may not be officers of the court or lawyers, but they serve a vital function in maintaining the fluidity of the system. Even the majority of sheriffs in the country feel that bail bond agencies are important in helping to maintain order within American jails. Bail bondsmen have been ensuring that defendants are allowed out of jail before their trials for over a hundred years, and hopefully they will be around to assist the criminal justice system for a long time to come.

Immigration is a hassle for individuals and their families. When Immigration and Customs Enforcement (ICE), detains someone, they may be eligible for an immigration bond. The bond allows them to be released from detention while waiting for their immigration court hearings.

This guide will explain what happens in the booking process for immigration and how immigration bonds function. It can make a stressful situation easier to handle.

Initial Intake

After ICE detains someone, they are taken to an immigration detention center or a local jail that has a contract with ICE. The individual is processed and held while ICE conducts background checks and reviews their immigration status. They may be subject to a “pat down” to check for contraband.

Once this is complete and the person is brought into the booking area, they are taken to an officer who enters all their personal information into a computer. Officers conduct fingerprinting and gather biometric information to confirm the person’s identity.

ICE Detainers

If local law enforcement arrests someone and ICE puts a detainer on that person, then they may be held in jail for up to 48 hours. These 48 hours do not include Saturdays, Sundays, and holidays. Detainer request that local jails notify ICE of the detainee’s release date and hold them until ICE arrives.

ICE Detainers are voluntary requests, which means it is up to the local law enforcement agency to comply. It is not required by them.

Legal Assistance

At this point of what happens in the booking process for immigration, detainees can ask for legal assistance. It’s important to detainees to know their rights in these cases:

• You have the right to remain silent when questioned.
• You do not have to explain your immigration status with any law enforcement officer.
• You must show immigration papers to immigration agents if they ask and you have them with you.
• You can decline to being searched by an immigration agent.

Getting a Notice to Appear

ICE detainees will receive something called a Notice to Appear. This is a document that says what detainees are being charged with and a date for the first immigration court appearance. This NTA is a critical part of what happens in the booking process.

Immigration Court Proceedings

While this is after what happens in the booking process, this is when you can get an immigration bond. You will be scheduled for a Master Calendar hearing that will determine if you are eligible for an immigration bond among other matters related to your case. If you were not able to get an immigration bond, you can submit a written request for a bond hearing. Then, you will determine if you are eligible to post a bond for immigration.

How Does an Immigration Bond Work?

Immigration bonds work by allowing detainees to be released while they wait for court hearings. They act as a guarantee that the person will attend all future court hearings. Detainees must attend all court dates. There are two types: delivery bonds and voluntary departure bonds, which involve leaving the US by a set date.

Bond amounts vary and are set by ICE or an immigration judge, based on community ties and any criminal history. If detainees meet all conditions, the bond amount is refunded.

Need Help with an Immigration Bond?

What happens in the booking process for immigration is harrowing. Being separated from loved ones is difficult, but the financial blow of bond should make things worse. Visit one of our convenient locations to get your loved ones released as soon as possible. Get help today!

The entire modern bail system in America stems from the passing of the Habeas Corpus Act in England during the 1670s. Since then bail has been a way for persons accused of a crime to remain free while awaiting prosecution. Before gaining this freedom, however, a person often has to stand before a judge.

There are instances when certain crimes are listed on a “bail schedule” which has set bail amounts for that specific crime, and defendants can often be released from jail by posting this amount before ever seeing a judge. Unfortunately for many, judges have a large amount of discretion when setting bail, and they have no duty to follow a bail schedule.

Denying Bail

Many people believe that the eighth amendment to the U.S. Constitution guarantees a person bail, but it doesn’t. This amendment only states that the court cannot impose excessive bail. Judges, in many cases, can remand the accused to custody. The denial of bail occurs only in certain situations, such as when a defendant has a mental condition or could obviously pose a threat to himself or others.

A judge will also consider whether a suspect has extensive ties to a community such as a family, job or ties to his neighborhood. If he doesn’t then he may not be trusted to return to trial. The court will also consider how serious a certain crime was and the chances of the accused being convicted before deciding upon granting bail or not.

Bail Conditions

A judge can also decide to set certain conditions on a person’s bail that they must follow or risk being re-arrested. This is often used to keep suspects away from certain people such as victims or bad influences, but conditions can also be used to ensure a suspect’s return to trial. Some judges will demand that a person reside at a particular address and may even make them wear an ankle monitor. In other instances the judge may require another person to act as a surety for the defendant. The idea here is that a person is less likely to abscond if they know a friend or family member will suffer financially because of it.

Legal Influences on Bail Amount

There are also several legal issues a judge may consider before setting bail. The court will always review a person’s previous criminal record before granting bail. If the suspect is a repeat offender then there is a chance he may not be granted bail at all. The court also considers whether or not the defendant has absconded from justice before. Any judge that has a defendant before him that has skipped out on bail before is not likely to grant it to the suspect again. As mentioned before, the judge also considers the seriousness of the crime. When defendants are accused of capital crimes then they are more likely to go on the lam, mostly due to the possibility of life in prison or the death sentence.

Bail isn’t as straightforward as many people believe. Sometimes it is as easy as calling a bail bond agent and having them post bond, but not in all circumstances. A judge has absolute discretion when deciding on a bail amount, and there are several factors he will consider before releasing a suspect back out into the public.

Any time a person is arrested they are entitled to a bail hearing. This hearing will determine the amount of money, if any, that must be paid upfront for a person to be released before their trial. The eighth amendment of the U.S. Constitution states that “excessive bail shall not be required” for a person to garner their own release, so the question of what constitutes “excessive” often arises when a person goes to trial. There is not a set monetary amount that is considered extreme, but if a person feels they are being unfairly burdened by their bail amount there are legal recourses they can take.

Constitutional Rights

The eighth amendment was a part of the original U.S. Bill of Rights that was drafted in 1791, and it guarantees protection against excessive bail. A certain monetary amount was not provided for any specific crime, so the idea of what constitutes a disproportionate bail amount is very subjective. A fair bail amount is one that is considered reasonably sufficient to ensure a person does not flee prior to their trial. These amounts can often seem high without being excessive, but in these cases bail bond agents can provide the necessary funding to garner a person’s release.

The Right to Bail

Many people who are unfamiliar with constitutional law may assume that the eighth amendment guarantees a person bail. This is not accurate. The Constitution only provides that a bail amount cannot be more extreme than necessary to ensure a person’s return to trial. People charged with capital crimes, a crime punishable by life imprisonment or death, may be denied bail altogether. It is believed that no bail amount could ensure that certain people will return to trial when facing such extreme consequences. In these cases a judge may deny bail outright, thus guaranteeing the accused will sit in jail until their court date.

There are some instances when a bail amount may seem excessive, yet still be fully constitutional. A person of limited means may be given a $10,000 bail amount which is considered sufficient to ensure their return. However, a person who makes millions of dollars a year may not be sufficiently convinced to appear by paying that same amount. So even if these two defendant’s commit the same serious crime, the richer of the two may be given a bail amount far exceeding $10,000. Bail is meant to ensure the defendant’s presence at trial, and if an extremely high amount is deemed necessary then it is considered legal.

Legal Recourse to Excessive Bail

There are instances when higher courts may feel that a set bail amount is unwarranted. If a judge sets a bail amount that is either disproportionate to the crime, or more than necessary to ensure the accused returns for trial, then a defendant must take action. If the accused or their bail bond agent believes that bail is too much in a certain case, then they must notify a person’s attorney. A lawyer can make a motion in open court requesting that a bail amount be lowered. If this is unsuccessful then the attorney may appeal directly to a higher court.

Appellate courts do not always agree with a lower court’s decision. In the 1951 case of Stack v. Boyle, the U.S. Supreme Court found that a $50,000 bail amount was unwarranted to ensure that members of the Communist Party returned for their trials. The persons accused actually made a motion in court to reduce their bail and then appealed to another court when their motion was denied. Their appeal was also denied which led to the case being heard by the Supreme Court. This shows that local courts cannot always be trusted to enforce the Constitution. When this is the case it is important for the lawyer of the accused to work toward a lower bail amount to ensure their client’s rights.

Excessive bail is constitutionally illegal within the United States. There are instances when a person may feel their bail amount is unwarranted, but this doesn’t mean the legal system agrees. A particularly high bail amount should never just be accepted if it is superfluous. There are instances in American judicial history where excessive bail was set and overturned by other courts. Whether bail is set too high or not is often subjective, but anyone who feels that they are being unnecessarily burdened by their bail amount should try their best to remedy the situation legally.