If you are arrested and accused of an offense in Fort Worth TX, you will likely need to post bail in order to get out of jail. Bail set by the criminal law court may be unaffordable for some defendants. Here are options that defendants can do when the court demands excessive bail before they can be released.
How Does Bail Work?
Bail is a financial guarantee to the state that an accused person will appear in court as scheduled to answer charges. Criminal law defined bail as "the security provided by the defendant to ensure that they will show up and respond before the court to face charges according to the Texas State Code of Criminal Procedure”. If the person on bail violates this condition, the bail will be revoked and a warrant of arrest will be issued.
The right of a defendant to bail is guaranteed by the United States Constitution and the Constitution of the State of Texas, but bail can be denied in limited circumstances.
The defendant, while free on bail, is apprehended and charged with a new crime.
The court has determined that they are a high risk for committing further acts of violence, such as murder or sexual assault.
They are considered a flight risk because there is evidence that suggests they will not appear in court as scheduled.
Within 48 hours of being charged with a crime in Fort Worth TX, the criminal law requires that the defendant be given permission to post bail. Your criminal defense attorney can guide you in posting bail and the requirements you must comply with.
What Exactly Is Excessive Bail?
The right to bail out of jail is protected by the United States and Texas constitutions, and so is the right to not be subjected to an excessive bail amount. But they don't define "excessive" in any detail.
The bail amount in Texas is set by the court or by the officer accepting the bail. But certain rules from Texas law must be followed when deciding how much bail to set.
The amount of bail must be sufficient to guarantee that the agreement will be complied.
The ability to request bail should not be abused in any way.
It is important to take into account the specifics of the crime as well as the situation in which it was committed.
A person's financial stability is taken into account, and evidence may be taken into consideration regarding bail.
The community's and the victim's future security must be taken into account.
How To Deal With Unreasonable Bail
The good news is that there are resources available to help you fight for a lower amount of bail. For example, after an arrest in Fort Worth TX, whether for a minor offense or a serious felony, you must take steps to safeguard your legal interests.
According to criminal law, you have the right to be presumed innocent until proven guilty. The purpose of bail is not to punish those who have been accused of a crime. You have the right to request the court for a reduction of bail if you believe the amount the court has requested is excessive.
You need to hire a criminal lawyer in Fort Worth TX that will represent your interests in court when it comes to reducing excessive bail. The attorney will be able to negotiate with prosecutors on your behalf and get them to drop charges or reduce excessive bail so that you can remain out of jail while waiting for trial.
Criminal lawyers can ask the judge to reduce the amount of money you need to pay to be released from jail before your trial. This can be done in many ways, including by showing that you are not a flight risk or that you are likely to appear for your trial. If you're facing criminal charges, contact The Medlin Law Firm for an evaluation.
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The Medlin Law Firm
1300 S University Dr #318
Fort Worth, TX 76107
(682) 204-4066