What is considered excessive bail?

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Bail is money paid to the court by the accused as collateral to ensure that he shows up for trial. However, bail does not function as an additional punishment, so a judge must set a bail amount appropriate to the case. Excessive bail occurs when a judge sets the court bond at an amount that is far more than necessary to get the person back for trial.

History

The founders of the US put the right to bail in the eighth amendment of the Constitution and took most of the wording straight from the English Bill of Rights Act of 1689.

Considerations

Bail amounts can vary for the same offense because of other factors the court must consider. A person considered a "flight risk", for example, will generally get a higher bail. A person with a long history in the community has greater motivation to stay and will probably get a lower bail amount.

Exceptions

Sometimes, the courts refuse to offer any bail if a person is accused of a particularly heinous crime, such as murder.

Prevention/Solution

If you feel that the court has set your bail excessively high, then you may request that the court lower the amount.

Tips

If the courts deny your request for a reduced bail, you then need to make an appeal to the Court of Appeals, and failing that, the judge for your federal district court.

Source:

LawInfo: What Is Considered By The Court In Fixing The Amount Of The Bail?

Find Law: Excessive Bail

US Legal: Excessive Bail Law & Legal Definition

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