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What is Reasonable Bond in Texas?
Bails and bonds ensure a defendant is released from jail and shows up for trial. Criminal defense attorneys in New Braunfels explain that judges consider several factors when setting a bail or bond amount:
- The severity of the alleged crime
- Whether you pose a flight risk if released
- The likelihood of committing a new offense while released on bail
- Whether you were already on bail at the time of the arrest
- Your current probation status for other crimes
- Whether you’re a danger to the community if released
- Whether you have family and social ties
- Your character, mental and physical condition, and financial ability to pay bail
Bail payments are not restricted to cash. Courts can accept other forms of collateral, such as real estate, vehicles, and other valuable assets. It’s crucial to have skilled bond lawyers in New Braunfels represent you during the bond hearing to secure a reasonable bail amount or seek a reduction if necessary.
Can a Judge Increase the Bond Amount While My Case is Pending?
A judge can legally increase the bail amount and take you into custody if they find the initial amount insufficient or for any other reasonable cause. Your bond case can be challenging to navigate if it takes this course since the decision is solely up to the judge to determine what is “sufficient cause.”
While the possibility of having a judge set a higher bond amount is relatively low, it’s essential to be aware of the likelihood, especially if you have violated conditions or failed to appear in court. Having skilled bond lawyers in New Braunfels is your first best defense toward fighting for the most favorable outcome when faced with this risk.
What If My Bond Amount is Too High?
Courts often set a high bail or bond amount at the beginning of a case because they only have information police officers provide about the incident. However, you can request a bail reduction if you believe it is too high, a right under Constitutional protections.
Reducing Bail by Attorney Application at Arraignment
During your first court appearance or arraignment, you will be informed of the criminal charges against you and enter a plea. Your New Braunfels criminal defense lawyers can apply for reduced bail release or on “Own Recognizance” release (without bail). The outcome depends on the arguments and evidence the lawyer presents, which are factors the court considers when setting bail.
Filing a Motion for Bond Reduction
The Bail Reform Act is a federal statute that allows you to request lower bail when the initial amount set by the court is too high to pay. Your New Braunfels bond attorneys can help you request a hearing to seek bail reduction. That can happen if you remain in jail for an extended period because of your inability to pay the initial bail amount.
You can argue that the initial amount is too high and amounts to bail denial or pretrial detention in jail, yet you’re not a flight risk or a danger to others. You have the burden of proving that the bail amount is excessive. You must also show that you tried to raise the funds but failed.
Retaining skilled New Braunfels bond lawyers to represent you and prove these factors can greatly enhance the chances of a favorable outcome. They also know the arguments to present to prove why you deserve bail reduction.
Filing a Motion Following a Change in Circumstances
Your lawyer can petition the court to have bail reduced if they can prove a substantial change in circumstances warranting the reduction.
The changes can relate to you or the proceedings. For example, if your lawyers succeed in having some of your charges dismissed, they may be able to request the court to reduce your bail amount.
What Factors Do Judges Consider in Bond Reduction?
While courts must consider your constitutional rights for bond reduction, they are not required to set bail at an amount you can pay. In a case titled U.S. v. Szott, 768 F.2d 159 (7th Cir. 1985), courts can set high bail amounts without violating the Bail Reform Act or Constitution.
When you request a bond reduction, the court will consider several factors, such as:
- Your financial resources and ability to pay the current bail amount
- Any new evidence or change of circumstances that may affect your flight risk or danger to the community
- Your adherence to any previous bond conditions
- The effect of the current bail amount on your ability to prepare your defense
Your lawyers can present compelling evidence and persuasive arguments such as financial records, character references, or other relevant information to demonstrate your community or family ties and your commitment to appearing in court. They may also bring witnesses to testify that you tried to raise the bond amount but failed.
Achieve Bond Reduction with the Help of Skilled Criminal Defense Attorneys
The goal of bail and bond is to ensure you will return to court for your trial after your release. Unfortunately, sometimes courts set unreasonably high bail and bond amounts, which are sometimes not proportional to the circumstances of the case. With the help of skilled bond lawyers in Braunfels, you can file a motion to reduce the bail amount.
At The Seymour & Vaughn, we have a team of dedicated criminal defense lawyers who can fight to defend your rights during the bond-setting motion. We can also give you legal counsel and representation to help you navigate your criminal case and protect your rights and freedom. Call us at 830-282-8751 to schedule a FREE consultation.
