Many people who are arrested want to know if there is anything that can
be done to reduce their bail. The simple answer is that a motion can be
filed requesting a reduction of bail, but here are a few things that might
be helpful for you to know.
A motion to reduce bail is actually asking the court to reevaluate the
bail amount, meaning that the court could decide that the bail amount
is too high and lower it, or they could decide that it is too low and
raise it. Your attorney should be able to check the bail schedule (discussed
below), and let you know whether they think your bail is more likely to
go up or down.
A motion to reduce bail can be made orally (simply asking the judge to
lower the bail), or a written motion can be filed with the court. An oral
motion is quicker, but a written motion that argues why the bail should
be lowered is likely to be more effective.
The bail schedule is essentially suggested bail amounts for every type
of charge, as well as suggested amounts for enhancements, prison priors,
strike priors, and other factors that are considered. If your bail is
set higher than schedule for your specific charges, enhancements, and
criminal record, a strong argument can be made that the bail should be
lowered to match the bail schedule.
If the bail is set at schedule, arguments can still be made asking the
court to come below schedule. Some of the things the court might consider
include whether you are a flight risk, whether you pose a danger to society,
whether their are duplicate charges, and whether the case has been overcharged.