What Is Considered Excessive Bail?
Excessive bail is bail that is set unreasonably high compared to the crime, making it nearly impossible for the defendant to afford. The Eighth Amendment of the U.S. Constitution prohibits excessive bail, ensuring it is not used as a punishment before trial.
When Bail Is Considered Excessive
- Disproportionate to the Crime
- Bail should be reasonable based on the severity of the charges.
- Example: Setting $500,000 bail for a minor theft could be considered excessive.
- Beyond the Defendant’s Financial Means
- Bail should not be so high that it effectively denies release to a non-violent defendant.
- Not Based on Public Safety or Flight Risk
- If a defendant is not a flight risk or danger to society, setting an extremely high bail could be excessive.
- Punitive Bail
- Bail cannot be used as punishment before a trial.
- Example: Setting an unreasonably high bail just to keep someone in jail violates legal protections.
When High Bail Is Justified
- Serious Felonies – High bail is reasonable for violent crimes, repeat offenders, or flight risks.
- Risk to Public Safety – If a defendant is dangerous or likely to re-offend, a high bail amount may be necessary.
What to Do If Bail Is Excessive?
- A defense attorney can request a bail reduction at a bail hearing.
- The court will review flight risk, danger to the community, and financial ability.
- In extreme cases, excessive bail can be challenged as unconstitutional.
Bottom Line
Bail is excessive if it is disproportionate to the crime, unaffordable, or used as punishment. Defendants can request a bail reduction if they believe their bail is unfair.
