Wichita Bail Bonds Blog

In Kansas and throughout the United States, the kind of bail that cannot be required is excessive bail. Under the Eighth Amendment to the U.S. Constitution and Section 9 of the Kansas Bill of Rights, courts are prohibited from setting bail at an amount higher than what is reasonably necessary to ensure the defendant appears in court. This means bail cannot be used as a punishment or to unfairly keep someone in jail before they are convicted.

What “Excessive Bail” Means

Excessive bail refers to any bail amount that is unreasonably high compared to the nature of the crime, the defendant’s background, or the potential flight risk. The purpose of bail is to guarantee court appearance—not to punish or make release impossible. Judges must balance public safety and fairness when setting bail amounts.

• Constitutional protection – The Eighth Amendment states, “Excessive bail shall not be required.”
• Purpose of bail – It ensures the defendant returns to court, not to detain someone unfairly.
• Reasonableness standard – Bail must be appropriate for the charges, risk level, and financial ability of the defendant.

Examples of Bail That Cannot Be Required

Bail becomes unconstitutional or unlawful when it goes beyond what is fair or necessary. Courts can lower or eliminate bail if it violates due process or equal protection principles.

• Unreachable bail amounts – Setting a $500,000 bail for a minor nonviolent offense, such as petty theft, would likely be considered excessive.
• Discriminatory bail – Bail cannot be higher based on race, gender, or financial status.
• Punitive bail – A judge cannot set bail with the intent to punish the defendant before trial.
• Automatic bail denial without cause – Denying bail entirely without proof that the defendant poses a danger or flight risk is unconstitutional in most noncapital cases.

When Bail May Be Denied

While excessive bail cannot be required, there are cases where bail may be denied altogether for legitimate reasons. This usually happens in severe felony or capital cases where public safety is at risk or when the defendant has a history of skipping court.

• Capital crimes – Cases involving murder or crimes punishable by life or death may lead to “no bond” orders.
• Flight risk – If evidence shows a defendant is likely to flee the jurisdiction.
• Danger to others – If releasing the person poses a serious threat to victims or the public.

Challenging Excessive Bail

Defendants or their attorneys can request a bail reduction hearing if they believe the amount is excessive. The court reviews the case, considering income, ties to the community, criminal history, and the seriousness of the charges. If the judge agrees, the bail may be reduced or converted to release on personal recognizance (no money required).

• File a motion to reduce bail through your attorney.
• Provide financial records and evidence of community ties.
• Show you are not a flight risk or public danger.

The kind of bail that cannot be required is excessive or unfairly high bail. Courts must set reasonable amounts that ensure appearance in court without violating constitutional protections. If bail is set too high, a defendant can request a hearing to have it reviewed or reduced.

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