Can bail be reduced?

Sometimes, depending on the case. Initially, the court sets bail considering several factors, including the severity of the crime and whether the suspect is likely to return to court when the case is called to trial (risk of flight). In deciding whether the suspect is a risk of flight, the court will consider whether the suspect has ties to the state, including whether the suspect is a resident of the state and for how long, whether the suspect has family located in the state, and whether the suspect has other ties such as gainful employment in the state.

In legal theory, a defendant is innocent until proven guilty. However, as a practical matter, the court may set bail so high (or deny bail) such that the suspect cannot afford to get out on bond and will sit in jail until the case is called.

As a general rule, the law presumes that the bail that is originally set by the judge is the correct amount.

Thus, it is best to attempt to get the lowest bail possible set the first time the suspect appears before the court.

Thereafter, to convince the court to lower bail that was previously set, you generally need to be able to show a “change in circumstances.” In other words, you need to be able to show how the case is different (in your favor) from the time when the judge originally set bail. Other times, bail may be set by the magistrate’s bond court and thereafter reargued before the Court of General Sessions (a higher court).

If the bail amount is high and out of proportion to the facts and circumstances of the case, it may violate your constitutional right to reasonable bail.

As a cautionary note, in theory the judge redetermining bail may decide that the initial amount was set too low and order that bail be set at a higher amount.