A lot of clients and family members obviously want bail lowered after bail is determined. They don't want to have to pay bail bond agents, and a lot of times, bail is so high that people simply can't 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.
A lot of different issues can come up 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 get two of the counts dismissed. I made an argument that was a change in circumstance. The client now only had half the charges against him, so, therefore, the bail should be reduced. The judge bought to argument, reduced the bail, and my client was able to bail out. That's one example of a change of circumstance.
There are also bad examples of change of circumstance. Sometimes, they do a preliminary hearing, and additional charges get added, and then the bail goes up. The client's exposure to jail becomes more serious, and therefore, the prosecutors can argue a change in circumstance and try to argue for a higher bail.
They don't usually do it, but they do it in some cases where they feel that the defendant is a very dangerous person who needs to be in custody while the case is pending rather than out of custody.
Bail Deviation By Prosecutor
In some cases, the prosecutor may present a bail deviation, arguing that the defendant is under investigation for additional crimes. This can significantly increase the bail amount. In such situations, the defense attorney must counter this argument effectively.
At the end of the preliminary hearing I argued to the judge, we've done the preliminary hearing. They have not filed charges against those other victims, and it doesn't look like they're going to. The judge then spun 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 caused the bail to be reduced by more than half because they no longer had that dangerousness argument, and therefore, there had been a change in circumstances.
You Need An Attorney To Make Argument For Lower Bail
So, you're starting to get the picture here. If you want to have bail reduced once it's been set, the attorney is going to have to show that something has changed in the case, which makes it a good argument that the bail can be reduced. 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.
Tell me what the change in circumstances is. As you know, the law requires me to leave the bail that the Magistrate originally set unless you can show me that there's been 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 help. 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.
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