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If you’ve been accused of a crime, you deserve a fair chance to defend yourself. Excessive bail assessments have been shown to decrease rather than boost justice. If you’ve been quoted an unfair number just to walk free despite the presumption of innocence, we may be able to help.

Texas Bail Reform Helps the Accused Return to Their Lives

After a district judge instructed Dallas county to consider an arrestee’s flight risk when setting bail rather than basing their assessment on predetermined standards, our legislature took up bail reform. Many states have recognized the inherent unfairness of current bail practices.

Aside from resulting in the detention of people who are completely innocent, high bail amounts can drive families to predatory bail bond lenders. New laws give judges leeway to provide more fitting bail. Inducing them to follow the new guidance has proven a bit harder.

Our Broken Bail System

Even last year, after judges were instructed to tailor bail requirements to constituents’ situations, videos showed bail hearings lasting between 15 and 30 seconds. The defendant was given no time to speak, meaning the judge did not even get to hear extenuating circumstances, much less consider them. The new laws requiring a bail hearing within 48 hours of arrest do little good if one party cannot meaningfully participate. Especially for those who don’t have a lawyer to advocate for them, the chance of getting a fair bail remains low.

Is High Bail Unconstitutional?

Excessive bail requirements may violate the Fifth, Eighth, and Fourteenth Amendments to the Constitution. The disparity between the law and the reality of our criminal justice system has come under fire in multiple court cases, some of which originated in Texas. District and Circuit Courts have agreed high bail may be unconstitutional.