Options to Consider If You Can’t Afford to Post Bail

By Tedia Gamino

If you’ve been arrested for a crime, you can post bail to be released from jail as you await your court date. Depending on the circumstances of your case, bail can range from hundreds of dollars, to thousands, tens of thousands, hundreds of thousands—and even into the millions. When bail is so high that you can’t afford to pay it, making it so that you have to stay in jail until your case is adjudicated, you have other options.

2 Things to Do If You Can’t Afford to Post Bail in Wisconsin

If you cannot post bail, these three options are common, and only one is allowed in Wisconsin:

Ask for a lower bail amount
Put up collateral
Use a bail bondsman

Here’s a closer look at each option.

#1. Ask for a Lower Bail Amount

If you can’t post bail because you cannot afford to pay the set amount, your criminal defense lawyer can request that the bail be lowered because it presents an economic hardship. Decreasing the bail amount is at the discretion of the judge, so it’s important to have a criminal defense attorney who can advocate for you.

Is there an option #2. Can I put up Collateral as bail in Wisconsin?

Another way to secure your bail so that you don’t have to stay in jail is to put up collateral, in many states. Usually, this could be anything, like a car, real estate, or any other item with a value that’s equivalent to the amount of the bail. Trying to liquidate some of your assets to post bail can be a challenge and isn’t a very wise move. Instead of selling your assets, when you can put up collateral in lieu of bail, it’s a good idea to consider using them as collateral to secure your bail and get out of jail as you await your day in court. Unfortunately, bail in Wisconsin doesn’t work that way. In Wisconsin, if cash bail is ordered, you have to pay the cash (or you can use credit card, money order…). The only other bail option that doesn’t involve paying money outright is to get a signature bond. A signature bond amount is the amount you could be required to pay if you don’t comply with your bail terms.

Is there an option #3? Can you use a Bail Bondsman in Wisconsin?

In many states, you have the option to use a bail bondsman if you can’t post bail. The bondsman will pay the bail amount on your behalf and charge you a fee, which is often around 10 percent of the amount of the bail. The bondsman then has a vested interest in you showing up for court—because if you don’t show, they’ll lose the money they put up for you. However, Wisconsin is one of a minority of states that do not allow bail bondsmen. Why can’t you use a bail bondsman in Wisconsin? The practice was abolished in Wisconsin in the 1970s.

Do You Need to Talk to an Attorney About Lowering Your Bail?

If you’ve been criminally charged and have questions about excessively high bail, call our office at 414-383-6700 to schedule a consultation with one of our experienced criminal defense attorneys who can provide the guidance you need, and advocate on your behalf.

By Attorney Tedia Gamino

Here’s How Your Bail Is Decided

By Tedia Gamino

If you’re charged with a crime you can post bail to be released from jail with the promise to return for trial at your appointed time. If you don’t show up for trial, you could be jailed.

When is bail set, and how is the amount determined?

When Is Bail Set?

Usually bail is set when you first appear in court after you’re arrested and charged, generally called your initial appearance. For misdemeanor charges, this might also be your arraignment. Bail can also be set, or changed, at a separate bail hearing.

How Is the Amount of Bail Determined?

Here are some of the factors that a judge takes into consideration when setting your bail:

Your alleged crime
Whether you’re a flight risk
Your ties to the community
Whether you have an missed court before, in this case or a prior case

Let’s explore each factor more closely.

#1. Your Alleged Crime

A judge may determine the amount of your bail based on the nature of your criminal charge. Bail for a misdemeanor may be lower than bail for a felony. Depending on the nature of the alleged crime, the judge may also order you to comply with conditions of bail deemed to protect the community, such as requiring absolute sobriety or prohibiting you from having contact with some people or places.

#2. Whether You’re a Flight Risk

Your bail amount can be based on whether or not the court considers you to be a flight risk. Often the court official (a judge or court commissioner) considers the amount of time you would be facing if convicted when deciding the amount of bail. Some judges think you’re more likely to skip out or try to avoid court if you’re facing higher incarceration, and this may cause the court to order higher a higher bail amount.

#3. Your Ties to the Community

Usually a judge looks at your family or community ties, or if you have a job, to help ascertain whether or not you’re likely to reappear in court. The common view is that the more ties you have to the community, the less likely you are to leave the area and go on the run. Really, a subset of determining flight risk, the higher your community connections, the less you may be seen as a flight risk, which may result in a lower bail. Similarly, the less you have community ties, the more you may be seen as a flight risk, often resulting in a higher bail.

#4. Whether You Have Missed Court

If you’ve missed court before in this case, or if there’s been an outstanding warrant for your arrest in this case or even another jurisdiction, a judge may order a higher bail.

Can You May Be Released on Your Own Personal Recognizance (PR bond)?

In some cases a judge may release you on your own recognizance and you do not have to post bail at all. This may be an option if you’re not a flight risk, and when conditions alone are considered sufficient to secure your appearance in court and protect the community.

Do You Need to Talk to a Lawyer About Being Held Without Bail?

If you’ve been criminally charged and have questions about bail, call our office at 414-383-6700 to schedule a consultation with one of our experienced lawyers who can provide the guidance you need.

By Attorney Tedia Gamino

DEDICATED TO PROTECTING YOUR RIGHTS

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