Bail Revocation
In the United States, the law presumes that a person charged with a crime is innocent until proven guilty. However, too many people believe that the police would not arrest an innocent person. When charged with a crime and in accord with the presumption of innocence, most defendants are eligible to post a bail bond. Bail is not punishment; it ensures that defendants will appear and attend their court hearings. When an accused person has made bail and is not languishing in jail, he or she can continue to support their families financially and emotionally, maintain a sense of continuity with friends and the community, and be readily available to help his or her attorney in preparing for trial or defending against the charges.
Sometimes, a magistrate or judge sets bail too high. As a result, it is used as punishment. The law provides a remedy: The accused may request a bail reduction hearing and offer proof that he or she is not a flight risk, has strong ties to the community, and will stay out of trouble. In a recent case, State versus Burgins, the Tennessee Supreme Court examined these issues. On March 12, 2013, the trial court set a $5,000 bail for the accused for a simple possession of marijuana charge. A few months later, she hired a bail bondsman and secured release from jail. While free on bail for the marijuana offense, the defendant allegedly attempted to hijack a car and then was charged with additional offenses – attempted murder, brandishing a deadly weapon during a felony, attempted aggravated robbery, attempted carjacking, and aggravated assault. Consequently, after being arrested for these new charges, her bail was set at $100,000.
The United States Constitution prohibits a defendant’s pretrial bail from being excessive, and the Tennessee Supreme Court ruled that the lower courts had set the bail too high both times and abused the bail system. Thus, the high court repeated that the purpose of bail is to ensure a defendant’s appearance in court and not to punish him or her before trial or plea. To punish a defendant with an excessively high bail before trial undermines pretrial bail’s intent and function.
Sometimes, the State will attempt to revoke a defendant’s bail usually because he or she violated the terms of release. Still, the defendant can demand a hearing and contest the bail revocation. If a defendant is an immigrant, special considerations may apply.
Remember: If you are arrested and charged with a crime, you can have a bail set. If it is too high, you can request a hearing to reduce it. If you secure a bail, but the State tries to revoke it, you can secure a hearing. In short, you may have legal remedies available to you. But do not try to take care of bail reduction or bail revocation alone. Get a lawyer on your side; he or she can be a great ally. For more information, contact Nashville Criminal Defense Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.