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News & Advice

Can You Appeal A Bail Ruling?

Can You Appeal A Bail Ruling?

Both the defense and the prosecution have the right to appeal a bail ruling if they believe it’s unjust. The process can vary depending on jurisdiction and local laws, but here’s the general idea:

Defense Appeal

If a defendant believes that the bail amount set by the judge is excessively high or should have been released on their own recognizance, they can appeal the bail ruling. They or their attorney would typically request a bail review hearing where they would present their arguments for why the bail should be lowered or eliminated. In some cases, they might even be able to appeal to a higher court.

Prosecution Appeal

On the flip side, if the prosecution believes that the defendant poses a serious risk to the community or is likely to flee, they can appeal a decision to grant bail or a bail amount they see as too low. They can argue that bail should be increased or that the defendant should be held without bail.

Appealing a bail ruling can be complex, and it often requires a thorough understanding of local laws and procedures.

 

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