Wichita Bail Bonds Blog

Excessive bail refers to a bail amount that is unreasonably high in relation to the offense, the defendant’s risk level, and the purpose of ensuring court appearances. The Eighth Amendment of the U.S. Constitution prohibits “excessive bail,” which means that the amount should not be used as a punishment or be so high that it keeps someone in jail simply because they are poor. Bail is meant to secure attendance in court, not to make release impossible.

When Bail Becomes Excessive

Bail may be considered excessive when it…

• Greatly exceeds what is needed to ensure the defendant returns to court
• Is far higher than amounts set for similar offenses
• Is beyond the financial ability of the defendant without just cause
• Appears to be set as punishment instead of as a guarantee

For example, setting a $500,000 cash-only bond for a first-time offender charged with a non-violent misdemeanor would likely be seen as excessive.

Factors Courts Consider When Setting Bail

Judges consider several factors when deciding the appropriate bail amount…

• Severity of the crime
• Criminal history
• Flight risk
• Community ties (family, job, residence)
• Public safety concerns

Even for serious offenses, the bail should still be proportional. Judges cannot arbitrarily raise bail without a valid legal reason connected to one of these factors.

How to Challenge Excessive Bail

If a defendant or their attorney believes the bail is excessive, they can request a bail review hearing. At this hearing, they can present arguments such as…

• The defendant’s limited income or inability to pay
• Evidence of community ties or employment
• The absence of a criminal record

The judge may reduce the bail or even grant a release on recognizance if the arguments are persuasive.

Impact of Excessive Bail

When bail is set too high, it can lead to unfair outcomes, including…

• Extended time in jail while awaiting trial
• Loss of employment or housing due to jail time
• Increased pressure to plead guilty just to get out

These effects can seriously impact someone’s life even before guilt or innocence is determined in court.

Excessive bail is any bail amount that is unjustifiably high based on the case and defendant’s situation. It violates the Constitution and can be challenged through the courts. Bail should always reflect the balance between protecting public safety and respecting the rights of the accused to remain free while awaiting trial.