Many people may not realize that judges have the authority to increase bail amounts after they have been initially set, which can be an unwelcome surprise for defendants. This can happen for several reasons and understanding why and how it occurs is important.

Firstly, when a judge sets bail, they consider various factors including the seriousness of the crime, the defendant’s criminal record, the likelihood of the defendant skipping court, their ties to the community, and other relevant circumstances. Bail schedules, which vary from state to state, often serve as a starting point for judges to determine bail amounts for different charges.

So why do judges sometimes decide to raise bail amounts? Typically, this occurs due to a change in circumstances. For example, if new charges emerge that are more serious than the original ones, the judge may deem it necessary to increase bail. Additionally, if injuries to a victim worsen or result in lifelong conditions, or if the defendant poses a danger to themselves or others, the judge may also opt to raise bail.

It’s important to note that judges cannot arbitrarily raise bail amounts; there must be a valid reason, which is recorded in the court’s records. Defendants must also be notified of any increase in bail with sufficient notice to prepare.

After bail is set, defendants have the option to pay it directly or seek assistance from a professional bail bondsman if the amount is too high. Bail bondsmen typically require a percentage of the bail amount as well as collateral, such as a house or car, to secure the bond. If the defendant fulfills their obligations and attends court dates, no further payments are required, although collateral may be returned. However, if bail is raised, the defendant may need to pay additional amounts.

Understanding the possibility of bail increases and the role of bail bondsmen can help defendants navigate the legal process more effectively.