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How Does a Bail Reduction Hearing Work?

After an arrest and during the defendant’s first appearance, a judge sets bail. Sometimes, bail can be too high, or a judge can deny you the option of bail entirely, considering your situation. Under these circumstances, you could request a bail reduction hearing and ask for your bail to be reduced, or a bail option to be instated.

If you’re facing criminal charges, a Florida criminal defense lawyer can assist with your case.

What Is Bail?

Bail refers to the amount of money a criminal defendant must pay to be released from jail while they await their trial. 

Bail is not a fine, and it’s not considered punishment. The purpose of bail is to help ensure that the defendant shows up for their trial and all other court appearances. 

Typically, the court will set bail based on certain factors, including:

  • The type and severity of the crime
  • Whether there is a risk that the defendant will flee
  • How dangerous the defendant is
  • Whether the defendant poses a risk to the community’s safety

The court will set the amount of bail they believe is fair and reasonable, but defendants may still have the opportunity to ask for a reduction.

What Is a Bail Reduction Hearing?

A judge will set bail during the first appearance. After a defendant is arrested and booked, they will appear before a judge. During this appearance, the judge details the defendant’s charges and sets bail.

Defendants may have the opportunity to ask for bail reduction during this first appearance, but they may also request a bail reduction hearing. 

During the bail reduction hearing, the defendant can argue the initial bail is too high under the circumstances. Judges are not required to lower bail but will take the defendant’s argument and reasoning into consideration before making a decision. 

A Florida Criminal Defense Attorney Can Provide Legal Guidance

If you face criminal charges, you don’t have to handle your case alone. A criminal defense lawyer can fight your charges and pursue a favorable outcome.

For legal assistance with your criminal case, contact Shrader & Mendez, Attorneys at Law, today at (813) 360-1529.

Posted in Criminal Defense

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