Defenses for Getting a Bail Reduction

jury talking with lawyer in court

If you are arrested for whatever reason, the first thought you have is how to get out of jail as soon as possible. This eventuality is primarily based on the severity of your crime. There are two classes of offenses, including bailable and non-bailable ones. If your offense is bailable, the court will set a specific bail amount to get you out of jail. This guarantees that you will comply with various restrictions the court will set.

While several guarantors will pay bail bonds for clients in Gastonia NC, this does not mean it is automatic for you to get the bond and walk scot-free. The bondsman will need security in the form of title deeds, vehicle log books and other assets before he/she can pay your bail. There are times when the amount of bail the courts will set might be too high for you vis-à-vis your financial situation. In these cases, getting a guarantor to pay the bond is a challenge and sometimes altogether impossible. The following are some of the defenses you can use to get the court to reduce the amount of bail they have set for you.

Strong Community Ties

Your connection to the community is a crucial element when proving to the courts that you will attend your hearing, and there is no need for setting too high a bail. Some of the people you can call to testify about your strong community ties include community and religious leaders, families and friends. Having a job in the area of your case’s hearing is also a factor that proves your community ties. When you have people, you are answerable to and a job that ties you to one location, it is easy for the courts to believe you will not violate your bail conditions and consequently lower your bail amount.

No Criminal Record

Criminal background check application form with glasses and ballpoint pen

People with no previous criminal record are favored when setting a bail amount. If you have no past criminal record or have only been arrested for minor infractions in the past, you can use this as a defense for your bail reduction. Even If you have a criminal record, your lawyer can attest that you did not skip your previous court hearings.

Not a Danger to the Community

If you can prove that you are a calm person and the community is in no risk if you are released, then the courts might reduce your bail amount. This defense typically applies to non-violent crimes. It can nonetheless also apply for violent crimes if the defendant was provoked into committing a crime.

Delay in Indictment

You can also get your bail amount reduced if you have been indicted for an extended period with no formal charges. Most states have timeframes within which you should be arraigned in court and formally charged. Some, for instance, will reduce your bond if you have been held for more than 90 days.

Getting a bail reduced requires exceptional legal representation irrespective of your defense from the above. Even so, most courts will introduce various conditions along with reduced bail. You might, for example, be required to have electronic monitoring to ensure you do not get past a set limit.

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