Many clients and family members obviously want their bail lowered after it has been determined. They don't want to have to pay bail bond agents, and often, bail is so high that people simply can't afford to bail out. Once the judge sets that bail — that's why it's so important to have an attorney right from the beginning so you can try to get the bail set as low as possible — but once it's set, the judge is not going to lower the bail unless the attorney can mount a powerful argument that there's been a change in circumstances.
Many different issues can arise to cause a change in circumstances. For example, I just did a preliminary hearing the other day. There were four counts in the case, and I was able to have two of them dismissed. I made an argument based on a change in circumstances. The client now only had half the charges against him, so, therefore, the bail should be reduced. The judge brought the argument to a close, reduced the bail, and my client was able to bail out. That's one example of a change of circumstance.
There are also examples of bad changes in circumstances. Sometimes, they hold a preliminary hearing, and additional charges are added, which then increase the bail. The client's exposure to jail becomes more serious; therefore, the prosecutors can argue a change in circumstances and attempt to argue for a higher bail.
They don't usually do it, but in some cases, they may do so when they believe the defendant is a particularly dangerous person who needs to be in custody while the case is pending, rather than being released.
Bail Deviation By Prosecutor
In certain situations, the prosecutor may present a bail deviation, arguing that the defendant is under investigation for additional crimes. This can lead to a significant increase in the bail amount. In such instances, the defense attorney's role is crucial. They must effectively counter this argument, demonstrating their proactive role in the defense.
At the end of the preliminary hearing, I argued to the judge, We've done the preliminary hearing. They have not filed charges against the other victims, and it doesn't appear that they will. The judge then turned to the prosecutor and said, ' Well, are you going to file against the other people? ' She said, ' No, I don't think we are. '
That resulted in the bail being reduced by more than half, as they no longer had the dangerousness argument, and therefore, there had been a change in circumstances.
Why You Need a Lawyer
Remember, you're not alone in this process. You need an attorney to make a compelling argument for a lower bail. With our legal assistance, you can feel reassured and confident that we're here to help you navigate this complex process.
So, you're starting to get the picture here. If you want to have your bail reduced once it has been set, your attorney will need to demonstrate that something has changed in the case, which makes it a compelling argument for a bail reduction. Anytime somebody tries to lower a bail while a case is pending, the first thing the judge is going to say to the attorney is, Okay, Mr. Hedding.
Please explain the change in circumstances. As you are aware, the law requires me to remain on bail as originally set by the Magistrate, unless you can demonstrate a change in circumstances.
Remember, you're not alone in this process. If you need legal assistance to lower your bail or fight your case, our law firm is here to support you. Whether your case is new and you want to ensure the bail is as low as possible, or you're seeking to reduce an existing bail, we're here for you. Come in, sit down, and we'll work together to strategize and present a powerful argument for a lower bail or even no bail at all.
Related Resources:
