BAIL BOND REDUCTION & PRELIMANARY HEARING

Can’t make bail—stay in jail. Or so it sometimes seems. However, there are constitutional and other limits on how much bail a court can impose on a defendant, which can support the defendant’s request for bail reduction.

This article discusses bail reduction hearings and related issues under federal law.

Purpose of Bail

Bail is a mechanism for ensuring that a criminal defendant released from jail shows up for trial. Typically, bail is an amount set by a court based on:

• the severity of the alleged crime,
• whether the defendant poses a flight risk the defendant if released, and
• whether the defendant poses a risk to the community if released from jail.

Constitutional implications

The Eighth Amendment to the U.S. Constitution explicitly prohibits “excessive bail.” The term “excessive bail” is not defined in the Constitution and the Supreme Court has weighed in on what it means, holding that bail cannot be set so high as to be a ploy to force a defendant to remain in jail. But, the Court has also ruled that the Eighth Amendment’s bar on excessive bail does not create a right to any bail—a court may refuse to release a defendant at all under certain circumstances.
The Supreme Court has noted that bail and the refusal to set bail also implicate the right to due process found in the Fourteenth and Fifth Amendments to the Constitution. As a result, the Supreme Court has held that a judge must provide a “compelling governmental interest” for keeping a defendant in jail pending trial (in other words, refusing to set bail). (United States v. Salerno, 481 U.S. 739, 754-55 (1987).)

Request to reduce bail

The constitutional protections, as well as the Bail Reform Act (a federal statute), give a defendant the right to request lower bail when the amount initially set by the court is too high to pay. A defendant can request a hearing to seek a bail reduction.
At the hearing, the defendant can argue that the initial bail set by the court is so high that it is effectively a denial of bail and amounts to pretrial detention in jail, even though the defendant is not a flight risk or a threat to the public. (18 USC § 3142 (c)(2).) Although the court must take this argument into consideration, it is not required to set bail at a level that the defendant can easily pay. Courts can set bail high enough “to induce a defendant to go to great lengths to raise the funds without violating” the constitution or the Bail Reform Act. (U.S. v. Szot, 768 F.2d 159 (7thCir., 1985).) As long as the court’s actual motive is not to just force the defendant to rot in jail awaiting trial, the court can set bail at any level it can justify.
Once a defendant informs the court, through a bail reduction request or otherwise, that she cannot afford the bail set, the court must specify the reason(s) that the amount set is “an indispensable” condition of release from jail. (U.S. v. Montececon-Zayas, 949 F.2d 548 (1st Cir. 1991).) The court must set out its rationale in writing. (Fed. Rule of App. Proced. 9.)

Government's Request To Increase Bail

Just as the defendant has the right to seek a lower bail, the prosecution can request that the court set a higher level of bail based on the risk that the defendant will flee from the jurisdiction or inflict harm upon a victim or other members of the public. (18 USC § 3142 (f).)
And, the court may hold a hearing to inquire into the source of bail funds that it suspects may be illegal (proceeds from drug sales, for example).

Other Conditions of Release

Bail is only one of the conditions that a court may impose in order to grant release of a defendant from jail pending trial. Other conditions include travel restrictions, relinquishing a passport, drug testing, electronic monitoring devices (ankle bracelets), house arrest, supervision and reporting during release, and others.

See a Lawyer & Bail One

Whether and how much bail a court sets depends on many factors, and a defendant’s financial condition is only one of them. If you have questions about bail or release conditions, it is essential that you contact an experienced criminal defense lawyer in your area to get advice. Then call Bail One 228-832-5506

BAIL BONDS COMPANY OF DUANE "DOG" CHAPMAN SUED BY ATTORNEY GENERAL

The Honolulu Star-Advertiser reports that the state Attorney General’s Office has filed petitions to collect $35,500 from Da Kine Bail Bonds, Inc. and Safety National Casualty Corporation for forfeited bail bonds the companies failed to pay to the state.
Da Kine, which Duane “Dog” Chapman heads as president and director, owes the state $35,000 from 21 separate criminal cases, according to a news release issued this afternoon by the Attorney General’s Office. Safety National serves as the surety that’s obligated to pay if Da Kine defaults.
“Bail bond companies promise to pay us when their clients skip court. Simply put, if they don’t pay we have to hunt down that money,” Attorney General Doug Chin said in the release.
A bail bonding agency works with the court to have a criminal defendant released from jail pending trial in exchange for money or collateral, which can include cash, assets, or a bond. The bail agency is then responsible for ensuring that the defendant arrives in court on the day of trial.
If the defendant does not appear in court, the court may forfeit the bond and the entire bail amount must be paid to the court by the bail bonding agency.
The state Judiciary and the Department of the Attorney General recently sued various bail bond companies for non-payment of forfeiture of bail bonds. In response, seven have paid the Judiciary a total of about $700,000 upon receiving notice.
A hearing on the Da Kine matter is set for Aug. 17 in Circuit Court. Hearing dates for the Family Court and District Court have not yet been determined.