The Vastness of the Law

Yes, Judges Can Change Your Bail Amount

When the judge sets bail, you likely don't expect that the amount you pay will change. You may not realize that even if you have bailed out of jail, you can be called back to pay again. This can be a stressful situation, but you are likely already in the midst of dealing with your criminal charges.

Not sure if your bail is a sure thing? Read on.

So, When Does the Judge Raise Your Bail?

Keep in mind that raising bail is not common, but it can happen if your charges change. For instance, the prosecution may have added new charges to your case, perhaps elevating circumstances to a more serious felony.

Let's say that you were in a bar fight. You are taken into jail for battery because you punched the other person in the face, and they fell. Perhaps that person hit their head and was transported to the hospital. They may die three days later. After this individual dies, you may be brought back in and arraigned on charges of manslaughter or homicide instead. If you attempted to flee or committed another crime after the initial charge, your bail could even be denied and you can spend the remaining days up to your trial in jail. A criminal defense attorney can advise you on these charges, as well as any other charges, and how they affect your bail and your case.

Your Bail Is Not Random

To start with, your bail is based on a schedule and other circumstances surrounding your charges. Violent crimes, like battery and kidnapping, will come with a higher bail than something like petty theft or vandalism. This is because the judge has to consider how much of a threat you pose to the general public and how likely you might be to skip bail (and your court hearings).

Of course, whether your offense is a misdemeanor or felony will also come into play. Felonies typically have higher bail than misdemeanors, partially because the consequences can be so much more serious for felonies.

What Do You Need to Do When Your Bail Has Been Raised?

If your bail has been raised, you will need somebody to pay it so that you can stay out of jail. If you believe that your bail was raised unfairly or illegally, you should consult with a criminal defense attorney who may be able to fight back against the unfair increase in your bail. It could break your constitutional rights in some cases, so call a professional today to protect your rights.