You are arrested and the only way to get out of jail before your trial is by posting bail. Your bail amount is the only thing standing between your freedom and incarceration, and suddenly when the bail is set, you feel your heart sinks. Why? Because it is unreal and excessive! Yes, sometimes bail amounts are also unfairly set. Although bail bond services can help you to post bail without any financial constraints, you do have to pay 15% of their service fee. The right question now is how to safeguard your rights and get protection against excessive bail amounts.

A person is innocent before they are proven guilty in the criminal justice system of the States, so luckily, the Eighth Amendment exists to protect individuals against excessive bail amounts.

Understanding the Eighth Amendment

The Eighth Amendment, part of the Bill of Rights, was ratified in 1791. It reads, “Excessive bail is not necessary, nor excessive fines should be imposed or cruel and unusual punishments should be inflicted on someone.” The framers of the Constitution aimed to protect citizens from potential abuses of power and ensure a just and humane legal system. Central to this protection is the prohibition against excessive bail, which prevents the government from imposing bail amounts that could be beyond the means of the accused.

The Purpose of Bail and Its Impact on Defendants

Bail is an amount of money or property pledged to the court as a guarantee that the accused will appear for trial or other court proceedings. The primary purpose of bail is to ensure the defendant’s presence in court without keeping them in pre-trial detention, thereby upholding the presumption of innocence until proven guilty. The Eighth Amendment ensures that bail amounts set by the court are reasonable and proportionate to the charges, preventing potential financial exploitation and undue hardship on defendants.

Judicial Discretion and Checks and Balances

While the Eighth Amendment protects against excessive bail, it does not provide a specific formula for determining reasonable bail amounts. The responsibility to set bail lies with judges, and they have the discretion to consider various factors, such as the severity of the alleged crime, the defendant’s criminal history, ties to the community, and flight risk. However, this judicial discretion must be exercised within constitutional boundaries, subject to the scrutiny of higher courts as part of the system of checks and balances.

Challenging Excessive Bail: The Role of Defense Attorneys

Defense attorneys play a crucial role in safeguarding defendants’ rights, including protecting them from excessive bail. They can petition the court to reconsider bail amounts deemed unfair, providing arguments based on legal precedents, individual circumstances, and potential flight risk. This ensures that the defendant’s rights are respected and that the principle of justice is upheld throughout the legal process.


Irrespective of whether your bail amount is high or not, you can always reach out to a licensedbail bondsmanto help you with the process. They can guide you through the procedure and help you to secure your release before your courtroom trial. Searching for a seasoned bail bondsman near you? Find them at EZPZ Bail Bonds now!