What Is the Process for Appealing a Bail Decision?

When making a bail decision, factors like the defendant’s financial resources, length of residence in the area, family connections, and criminal history may all be considered. Sometimes, a bail bond amount is set at so high an amount that people can’t afford it, even with a bail bond in Upper Marlboro. At other times, bail is denied altogether. Are you planning to appeal a bail decision? If so, then read on to learn about the process. bail - appeal

Understanding a Bail Decision

Rules for appealing bail decisions and the amount set for posting bail vary from state to state and between federal and state courts. However, defendants are typically entitled to some type of bail review option. It’s important to realize that the scope of an appeal will be limited because the appellate court is only interested in learning if the trial court exhibited an abuse of its discretion. This means that you can expect an appellate court to uphold the original bail decision unless it is obvious that it was erroneous, unreasonable, or arbitrary. If the appellate court determines that the bail decision appears to be supported by facts and the law, then the amount for posting bail will not be changed.

Appealing a Bail Decision

A bail decision typically needs to be final for there to be an option to appeal. For some states, a bail order is considered final, which means that the defendant can appeal either the denial of bail or the amount set for the bail. In other states, orders for posting bail can be interlocutory, meaning that they are subject to change and may not be subject to appeal. In states where bail decisions cannot be appealed, defendants can usually challenge the judge’s order by using a petition for writ of habeas corpus. Typically, appeals of all kinds are set within strict time limits, so you may need to begin the process soon after the bail hearing. Filing a notice of appeal alerts the court that you plan to bring an appeal, and you can later change your mind and withdraw the appeal.

MD Counties We Serve:

  • Charles County
  • Calvert County
  • St. Mary’s County
  • Prince George’s County
  • Montgomery County
  • Annapolis

VA Counties We Serve:

  • Alexandria
  • Arlington
  • Fairfax County
  • Manassas County
  • Prince William County