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REDUCING BAIL

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.

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