Bail is a cash amount set by the judge or magistrate governing the case to ensure the defendant’s appearance in court. The full amount of bail can be paid to secure release from detention. Then, as long as the defendant attends all court dates, he or she will recover the full amount.
Most people cannot afford to pay the full amount of bail, and chose instead to hire a bail bondsman to post the bail amount for them at a fraction of the cost of bail (typically 10% of the total bond amount).
Unfortunately, sometimes the bail is set so unreasonably high that the defendant also cannot afford the bondsman's fee to bond out. As a result, those individuals remain in jail until their trial, rather than spending that time with their family, at work, or preparing their defense to the charges.
At BigGreen Bail Bonds, we are excited to offer as a service to our clients the option of seeking a bail reduction in circumstances where bail is excessive and unaffordable.
Excessive bail is a violation of your constitutional rights. According to the Eighth Amendment, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
So if the bail amount set by the judge is unjust, we can help you do something about it.
When setting the dollar amount of bail, a trial court must consider the following factors:
Getting bonded out in Texas typically requires paying a bail bonds agent a small percentage of the bail amount. The bail agent will then post bail on your behalf and get you out of jail. However, if the bail bond is excessive, the defendant will not be able to afford it.
In this case, we can work toward reducing your bail bond amount.
Contact UsIn determining an appropriate bail amount, the trial court should consider:
If the bail bond is entirely unaffordable, BigGreen Bail Bonds can help. To challenge an excessive bail amount, the first action is to file a motion to reduce bail with the court.
The burden of proof is on the defendant who claims that his bail is excessive. This is one of the rare instances where a defendant has any burden of proof in a court proceeding in a criminal case. Likewise, this is the procedural avenue where a defendant must produce evidence to establish an excessive bail amount.
Once the motion for bond reduction is filed, a bail reduction hearing will be set to seek bond reduction if the amount is excessive. During the bond hearing, the judge will consider the motion for reduction of bail and determine whether the bond should be reduced.
The chances of getting a bond reduction depend on the circumstances of the case. However, if you qualify for a bond reduction, getting out of jail will be much more affordable.
At BigGreen Bail Bonds, we often offer bond reduction services at no additional cost above the cost of a regular bail bond.
If you believe your bond amount is excessively high, contact a bonds agent at BigGreen Bail Bonds today.
Phone: (903) 567-3600
1028 Asher Way, Ste. 300
Tyler, TX 75703
Smith County Bail License #0317213
Smith County Disclaimer
Phone: (972) 932-6400
112 S. Washington, Ste. 100
Kaufman, Texas 75142
Kaufman County Bail License #012 & #010
Kaufman County Disclaimer
Phone: (903) 567-3600
402 West Dallas St, Ste. 100
Canton, Texas 75103
Phone: (903) 646-2825
1501 Old Nacogdoches Rd
Henderson, TX 75654