Sometimes your bail amount is just way too expensive and you can’t pay it. Even when you choose to bond out and only have to pay a bondsman 10%, you may still be short if the initial bail was set high. Bail Bond companies like A-EZ Out often offer other payment options like putting up collateral. If this isn’t an option for you, it may be time to ask for a bail reduction.
Bail Reduction Steps
The first step to getting a lower bail amount is filing the motion to reduce bail. This includes a statement summarizing the current bail amount, the nature of the charges, and an explanation for why you can’t make bail.
Then you should fill out an Affidavit of Indigency. This is a form that shows the court you can’t afford case fees. If approved, a judge can waive some fees based on the defendant’s financial circumstances. Bank and payroll records are typically enough to prove your need.
Once you complete and file the necessary documentation, contact the court to set a hearing date. Then, meet with your attorney to determine what evidence you’ll need to secure a bail reduction. Inability to pay is not always enough to be granted a bond reduction. In Texas, you must also demonstrate that you made an effort to post the current bond. One way to demonstrate this is by getting the testimony of your friends or relatives, or even your bondsman.
How is Bail Set?
The bail amount is based on an assessment of the individual and their case. The court will consider numerous factors to determine what amount the bail should be set at. There are not individual factors that control the amount that bail is set at. Some factors considered by the court are the nature and circumstances of the charge, the ability of the defendant to make bail, and the future safety of a victim of the alleged offense and the community. The court can also consider whether or not the defendant is a flight risk.
Bond Reduction Requirements and Hearing
In Texas, you will be required to show that you tried to post the current bond before the court can even consider granting a bond reduction. This requirement can be met sworn testimonials from friends or family regarding the number of bondsmen they called in an attempt to pay your bond. If you are seeking a bond reduction because there has been a delay in the indictment, then you need to present some evidence regarding how long you have already been in custody without being formally charged. Texas requires a court to lower bail when a defendant has been held in jail for 90 days or more without an indictment.
In exchange for a bond reduction, you can suggest certain conditions like electronic monitoring. This signals to the court that you won’t flee before your trial. With this assurance they may be more likely to reduce your bond.
A-EZ Out Bail Bonds
Bail should not be used to punish someone who is accused of a crime, but rather to protect the interests of the community. If you are struggling to pay your bond even after contacting several bail bond companies, let us help you. We can help you get the appropriate forms and necessary information to begin the process to try and get your bond reduced. Our experienced bail bondsmen will get started on your case as soon as we get your call. If you’re facing jail time, contact A-EZ Out right away.