214-747-4110

163 Pittsburg Street, Suite A2, Dallas, TX 75207

940-383-4600

909 E. McKinney St., Denton, TX 76209

972-562-6057

1502 W. University Suite #101, McKinney, TX 75069

 McKinney Bail Agents

If you or a loved one have been arrested, you may be wondering what to do if the judge sets bail at an amount that you cannot afford. Fortunately, you have rights under the Eighth Amendment of the United States Constitution, which protects you from having excessive bail set in your case. The Texas Constitution also addresses this issue and prevents judges from setting bail at unreasonably high amounts. While you may be able to fight against excessive bail as a defendant in a criminal case, you will also want to make sure you can be released rather than being held in jail. By securing a bail bond, you can get out of jail and determine your best options for moving forward with your case.

Your Rights Regarding Excessive Bail

The Eighth Amendment and the Texas Constitution Bill of Rights both state that "excessive bail shall not be required" when a person is arrested and charged with a crime. Bail should be no more than is necessary to ensure that the individual appears for their court proceedings. In addition, bail cannot be used to oppress or discriminate against a person, and a person's ability to pay bail may also be considered when determining an appropriate amount.

There are a few factors that a judge will consider when setting bail, including: 

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McKinney Bail Bondsman, TexasMost of the time, when a person is arrested, they will be able to be released after posting bail. Following an arrest, an arraignment will be held, and a judge will set an amount of bail that must be paid in order for the person to be released during their criminal case. For those who are looking to get out of jail but who may not have the resources to pay the full amount of bail, a bail bond may be the best solution. This will usually only require them to pay 10 percent of the amount of bail set by the judge. Procedures for bail and bail bonds will be followed in most criminal cases, including situations where a person is arrested based on accusations of family violence. However, there may be some cases where bail may be denied.

Denial of Bail for Violations of Court Requirements

In many cases, when a person is arrested for family violence, a court will put an emergency order of protection in place. The court will then hold a hearing where both the alleged abuser and their alleged victim may testify or present evidence, and if necessary, a more permanent protective order may be created. These types of orders are meant to prevent any further domestic violence or abuse. An order of protection can include a number of restrictions, such as:

  • Requiring a person to stay away from their spouse, children, other family members, or anyone else who the court believes needs protection from domestic abuse. 

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