Is My Bail Set Too High?
Criminal defense attorneys often deal with the issue of clients believing that their bail is set too high given the circumstances for which they are detained. The truth of the matter is that judges and magistrates are given a great deal of discretion in setting bail amounts and would probably prefer to err on the side of setting it too high to avoid endangering society or allowing the defendant to flee the state or country if it is set too low and he or she happens to be a flight risk. While the law is supposed to presume that an individual should e released on his or her own recognizance, it seems to be more of a rarity than the norm that such a release actually takes place.
The fact that judges and magistrates have discretion in the area of setting bail does not mean that nothing can be done if it is set too high. Under the law, defendants are supposed to be released under the “least onerous” conditions reasonably likely to assure that the defendant will appear in court. Thus, bail should be set at the lowest possible amount that will ensure a defendant’s appearance, which is generally a lower amount for less serious offenses and a higher amount for more serious offenses such as felonies which carry a greater punishment and thus less incentive to appear in court.
There are several factors which are considered in determining the appropriate amount at which bail should be set, many of which will be discussed in upcoming blog articles. The important thing for defendants to remember is that bail is often set at too great an amount and that defendants are entitled to a fair bail amount under Tennessee law. Defendants or their loved ones who are prejudiced by an unreasonable bail should contact an experienced criminal defense attorney today for assistance in getting the bond reduced and getting the defendant out of jail as quickly as possible.
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