Know Your Rights

The Eighth Amendment of the United States Constitution establishes that no person can have an excessive bail amount set against them. This has been held to mean that bail cannot be used as a way for the government to raise money for itself or punish a person for being arrested. The Eighth Amendment is there to ensure that bail is not used for a purpose other than to guarantee that an arrested person comes back to court at the appointed time. The bail cannot be more than is reasonable to accomplish that.
Source: National Constitution Center

Bail Info


The information presented is not legal advice and should not be used for that purpose.

The bail system is simply a way of ensuring the appearance of a defendant in court. If you or a loved one have been charged with a "bailable" offense, you can be released until your charge is resolved. However, in some cases, defendants may be required to post a higher bail, or may be denied bail. In setting or denying bail, the judge or magistrate's first concern is the protection of the community, taking into account the seriousness of the offense and previous criminal record of the accused. While bail remains a "right", protected by the U.S. Constitution, defendants accused of specific charges (such as capital crimes) can legally be denied bail.

The courts have several methods available for releasing defendants on bail. The judge determines which of these methods is used. Unfortunately, even if bail is granted, it is often so high that many people still can't afford to secure their release on their own.

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