If you or someone you know has been charged with a crime, you may already be aware of the bail order process and how expensive these decisions can be, with even misdemeanors costing hundreds of dollars. With bail bonds only accounting up to 10%, figuring out where the rest of this money is going to come from can also make for added stress. In other cases, you may even be denied bail.
Consulting with an attorney, you may determine that the amount to be paid or denial of bail is not sufficient and seek ways that you can appeal these decisions.
How to Appeal
If you and your lawyer decide that your bail order was not reflective of the crime committed, you have the opportunity to submit an appeal to either reverse the denial of bail or reduce the amount.
If your attorney is pursuing a bail appeal, he or she may address these factors:
Danger to the community. In the instance that your sentence is based on a nonviolent crime, your attorney may cite that you are not a danger to the community and will not hurt anyone when out of custody.
Criminal record. If this is a first-time offense, pursuing an appeal based on the lack of a criminal record is a viable option. Likewise, if your criminal record is limited and only contains things like misdemeanors or dropped charges, then this could be emphasized as well.
Community ties. Believe it or not, some bails get reversed due to the nature of ties to the community, family, employment, etc. If you are looking to appeal based on this, having a character witness may serve in your favor.
The appellate court may consider all of these when deciding if your bail order should be reversed or reduced. Remember, consulting with your attorney is always an excellent first step in appealing any decision.