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Protection Against Excessive Bail Amounts: The Eighth Amendment

Protection Against Excessive Bail Amounts

Posted 7 years ago by Jim Titus

Judges will consider a variety of factors when determining a bail amount. One thing is certain, however. The idea of innocent until proven guilty is still a standard in our court system, so protection against excessive bail amounts exists within the context of the Eighth Amendment.

Factors a Judge Could Use to Determine Bail Amounts

Quite often, bail amounts are already set in place for common misdemeanors and minor felonies, allowing someone who has been arrested to be released before seeing a judge.  The defendant can be released immediately after booking, which saves taxpayers their money, as well as court and other law enforcement personnel their time.

However, when it comes to unusual cases or more serious felonies, judges may use several factors to determine bail amounts. They include:

• The type and severity of the crime.

• The defendant’s criminal history and current situation, such as work requirements and reputation in the community.

• Any possible dangers to the community.

• Whether or not the defendant is a flight risk.

Protection Against Excessive Bail AmountsIn Michigan, there are three types of bonds: a cash bond, a 10 percent bond and a surety bond.

A judge may also grant a personal recognizance bond, which is a written guarantee that the defendant will return for court proceedings.

Protection Against Excessive Bail Amounts

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

While most people think of them in regard to physical maltreatment and prison sentences, the above words in the Eighth Amendment to the U.S. Constitution also serve as protection against excessive bail amounts.

If you think your bail amount was excessive, consult with your attorney. Although it may be difficult, it is possible to get your bail amount modified. In order to do so, your attorney would have to prove why it should be reduced.

If it is denied, you and your attorney can move on to the Court of Appeals to continue to seek the reduction.

Talk with your Bail Bond Agent

At Detroit Bail Bonds, we have many years of experience that make us knowledgeable about what bail amounts are appropriate. Along with your attorney, talk with one of our agents regarding your concerns about your bail. We’re also here to help if you need assistance setting up a bail bond. Contact us 24 hours a day, 7 days a week through our Detroit Bail Bonds website, by email at or by phone at 313-244-0669.

Protection Against Excessive Bail Amounts


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