How to Get Low Bail with a Public Defender Attorney
Getting arrested and facing criminal charges is scary. Even if you’re innocent, being stuck in jail unable to afford bail can ruin your life. So what can you do? This article will explain how a public defender may be able to get your bail reduced or even waived entirely.
First Steps After Arrest
If you’ve been arrested, the police will take you to the station for booking. Here they’ll take your fingerprints, photograph you, and record your charges. After this you’ll either be released or sent to jail to await your first court appearance.
If you can’t afford a private attorney, you’ll be appointed a public defender at your first appearance. This attorney is free and works for the government. Public defenders have high caseloads but know the system inside-out. They can help you navigate what to do next.
Understanding Bail
After booking, the judge sets bail, which is money you pay to get out of jail until your trial. Bail ensures you show up to future court dates. If you pay bail and miss court, you lose the money.
Judges consider factors like criminal history, employment, community ties when setting bail. With violent crimes or flight risks, bail could be denied completely.
Few people can afford bail outright, so they use a bail bonds agent. You pay 10-15% of the bail amount and the agent posts a bond for the full bail. If you miss court, the agent loses their money, so they track you down.
Getting Bail Reduced
Even if you use a bail agent, coming up with 10-15% of a high bail is impossible for many. This is where your public defender comes in. At your first appearance, they can argue to lower or waive your bail completely.
Public defenders work with judges daily, so they know what arguments work. They’ll explain mitigating factors about your situation and highlight your community ties. If it’s a non-violent crime and you have a job, kids, etc, the judge may reduce bail.
Let’s look at some specific defenses a public defender may use:
Financial Hardship – If the bail is more than you can ever reasonably pay, the public defender can argue it violates the 8th Amendment against excessive bail. This is used often with low-income clients.
Mistaken Identity – If you have an alibi or there’s little evidence you committed the crime, the public defender can argue bail should be low or waived because you likely won’t be convicted.
First-Time Offense – For minor first-time crimes like shoplifting, public defenders highlight that you made a dumb mistake and likely won’t miss court dates over it. Judges may go easy and lower bail.
Medical Needs – The public defender may explain health conditions that require treatment unavailable in jail. Judges may release you to get care with future court dates.
Unlawful Arrest – If improper police procedures were used in your arrest, statements or evidence may get thrown out. This casts doubt and the public defender can push for lower or no bail.
See how there are solid legal arguments for reduced bail even with limited resources? Public defenders use their expertise to make these arguments daily.
What Can You Do to Help?
Don’t just rely entirely on your public defender, though. There are things you can do to boost your chances of reduced bail:
• Be cooperative at booking and polite in court. Judges notice behavior.
• Gather evidence of community ties – proof you’ll come back to court like a job, lease, kids in school, etc. Anything showing roots.
• Get letters from friends/family vouching for your character to show the judge.
• Be patient and let your defender do their job questioning the arresting officer’s side of the story. Don’t lose your cool.
The more evidence you have of being low-risk and that you’ll return to court, the better.
Getting Out on Your Own Recognizance
Best case is you’re released on your own recognizance (ROR). This means no bail at all – you just promise to return to court. Public defenders push for ROR release a lot.
Again, anything proving your reliability helps – job, apartment lease, custody papers, medical needs, etc. ROR is most common with minor first-time crimes or cases with weak evidence.
Be warned ROR often comes with strict rules, like random check-ins or drug tests. Follow them religiously or back to jail you go!
Using Bail Funds
If the judge won’t budge on bail, there are nonprofit groups that can help. Bail funds pool donations to post bail for those who can’t afford it. This gets you out of jail while awaiting trial.
The public defender may connect you with local bail funds and provide paperwork needed to apply. If approved, the fund pays your bail directly to the court, getting you released.
You must still show up to all future court dates. The bail fund could come after you legally to recoup their money if you skip out. Don’t let these groups down after their generosity!
Weighing Your Options
While it’s always best to get out immediately, discuss options fully with your public defender. Sometimes it might be better to stay in jail a few weeks instead of paying expensive bail you’ll never get back.
Say you expect charges to get dropped quickly due to lack of evidence. The public defender may advise waiting it out rather than draining finances on bail.
Every case is unique, so keep an open dialogue with your defender about the smartest path forward. Their #1 priority is what’s best long-term for your situation. Trust their wisdom from handling countless cases just like yours.
Dealing with Fear and Uncertainty
Without a doubt, getting arrested leaves you feeling scared, overwhelmed, and uncertain about the future. It helps to focus energy only on what you can control day-to-day:
• Stay positive – keep your hopes up about getting low/no bail. Visualize walking free.
• Pass time productively – read, exercise, learn new skills. Idle minds go crazy.
• Lean on your support network – have friends/family visit or put money in your commissary.
• Take it one day at a time – don’t obsess over the “what ifs” causing anxiety about court dates down the road.
Getting through this means putting emotions on hold and letting logic guide decisions. Listen closely to your public defender’s legal strategy for getting bail reduced or waived. Trust the process.
Final Thoughts
Dealing with jail and court dates after an arrest feels overwhelming. But take a deep breath – it’s not the end! Public defenders help clients like you everyday who can’t afford private lawyers.
Do your part gathering evidence of community ties and good character. Be cooperative, patient, and keep an open mind. With smart preparation and a strategic legal approach, your public defender can likely get bail lowered substantially or avoid it altogether.
You’ll get through this! The situation only feels hopeless if you lose hope. So stay strong and focused on getting back to your life. Brighter days are ahead.
Sources:
The Bail Process – How Bail Bonds Work