How to Appeal Bail

Asking a judge to reduce bail can be one of the toughest hurdles in a criminal case.

You're busted. The cell door has closed, you've called your family and know you don't have enough money to get out to await trial from the comfort of your own home. In most states, bail is available to those arrested for most crimes except capital murder. However, cost can range well into the six-figure range, depending on the charges. Judges can reduce bail, but it takes a good argument to show that the cost is too burdensome and that the defendant, without doubt, will return for subsequent court hearings.

Instructions

1. Find your case number. Look at all your arrest documentation. If there is no county or circuit court case number on the paperwork, you will have to contact the local court clerk. If you can only make collect calls from jail, you will have to call a friend or family member to contact the office to retrieve your case number, because the clerk's office will not take a collect call.

2. Find your judge and prosecuting attorney. Names for each will be in the case file with the court clerk.

3. Find the address of the judge's chambers, the prosecuting attorney's office and the clerk's office. If you cannot find the judge's address, find the address of the courthouse.

4. Write the appeal. Use as few words as possible and don't let emotions shape the wording. Speak directly, using bullet points, to describe your ties to the community, the number of children you care for, the job you could lose while incarcerated and anything else you can think of that would express to a judge that you want your day in court but jail in the meantime is too serious a compromise. List the names of other people in the community who could testify on your behalf as character witnesses. End by asking for the bail amount that you could afford. Ask for a hearing.

5. Turn in the appeal. Send a copy to the clerk's office with a cover letter saying you'd like it placed in your case file. Mail copies to the state attorney and the judge, who will either deny your appeal outright or schedule a hearing for you to better explain yourself.

6. Speak directly and honestly, get to the point and stop. If you're given a hearing, remember that the judge you go before will be hearing your case all the way through trial. It's her job to ensure you have a fair journey through the legal system. It's always best for you to make a good first impression.

Tips & Warnings

• Remember the saying "a lawyer who represents himself has a fool for a client." While the court system allows everyone to defend themselves at any time, appeals and bail reduction requests are best handled by trained attorneys. If you can't afford the bail, you likely qualify for a public defender. Think about asking for help before making a bail appeal on your own.

References

• Lawyers.com: How Does a Person get a Bail Reduction in a Criminal Case?
• Criminaldefenselawyer.com: How a Bail Reduction Hearing Works