How to Request a Bail Hearing
Check if you can post bail., Make a first appearance., Attend your arraignment., Ask the judge for bail.
Step-by-Step Guide
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Step 1: Check if you can post bail.
In many states, there is a set amount of money that you can post in order to be released.
The amount is determined by your state law.
For example, many states set a standard amount for a first-time DUI offense.States also set specific amounts for other common offenses.
You should be told the amount of bail soon after you are booked.
If not, you can call a friend or family member and ask them to go to court and check how much it would cost to release you. -
Step 2: Make a first appearance.
In some states, you have a legal right to a “first appearance” before a judge, usually within 24 hours of your arrest.At this first appearance, the judge will decide whether or not bail is appropriate.
If appropriate, then the judge will set the amount.
At your first appearance, you probably won’t have a lawyer.
You may also be confused, scared, and not know what to say.
This is perfectly normal.
Because you can’t advocate forcefully on your own behalf, the judge might deny you bail.
If you are denied bail at your first appearance, then you can request that the judge set bail when you appear for your arraignment.
You may also file a motion requesting that the judge set bail.
This is described more fully in Method Three. , You can also ask for bail at your arraignment if you didn’t have a first appearance.You could also ask the judge to reconsider the bail amount at your arraignment.
Depending on your state, you will be taken before a judge for your arraignment a few days after you were arrested.
At the arraignment, the judge will read the criminal charges against you.
You will also be asked for how you plead, generally “not guilty,” “guilty,” or “no contest.” If you plead “not guilty,” the court will schedule future hearings., Depending on the charges and your state, the court may automatically hold the bond hearing at the arraignment.You will be charged with the crime and then the judge will immediately consider whether bail is appropriate.
In some situations, however, the judge might not immediately consider bail, so you should ask.
The judge will probably ask you if you have any questions.
You can raise the issue of bail at that time.
For example, you could say, “Yes, Your Honor.
I would like to request a hearing to reduce my bail” or “I would like to schedule a hearing to set bail.” -
Step 3: Attend your arraignment.
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Step 4: Ask the judge for bail.
Detailed Guide
In many states, there is a set amount of money that you can post in order to be released.
The amount is determined by your state law.
For example, many states set a standard amount for a first-time DUI offense.States also set specific amounts for other common offenses.
You should be told the amount of bail soon after you are booked.
If not, you can call a friend or family member and ask them to go to court and check how much it would cost to release you.
In some states, you have a legal right to a “first appearance” before a judge, usually within 24 hours of your arrest.At this first appearance, the judge will decide whether or not bail is appropriate.
If appropriate, then the judge will set the amount.
At your first appearance, you probably won’t have a lawyer.
You may also be confused, scared, and not know what to say.
This is perfectly normal.
Because you can’t advocate forcefully on your own behalf, the judge might deny you bail.
If you are denied bail at your first appearance, then you can request that the judge set bail when you appear for your arraignment.
You may also file a motion requesting that the judge set bail.
This is described more fully in Method Three. , You can also ask for bail at your arraignment if you didn’t have a first appearance.You could also ask the judge to reconsider the bail amount at your arraignment.
Depending on your state, you will be taken before a judge for your arraignment a few days after you were arrested.
At the arraignment, the judge will read the criminal charges against you.
You will also be asked for how you plead, generally “not guilty,” “guilty,” or “no contest.” If you plead “not guilty,” the court will schedule future hearings., Depending on the charges and your state, the court may automatically hold the bond hearing at the arraignment.You will be charged with the crime and then the judge will immediately consider whether bail is appropriate.
In some situations, however, the judge might not immediately consider bail, so you should ask.
The judge will probably ask you if you have any questions.
You can raise the issue of bail at that time.
For example, you could say, “Yes, Your Honor.
I would like to request a hearing to reduce my bail” or “I would like to schedule a hearing to set bail.”
About the Author
Stephen Fox
Writer and educator with a focus on practical home improvement knowledge.
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