Excessive bail refers to a bail amount that is deemed to be too high and unjustified by the court.

The Eighth Amendment of the United States Constitution prohibits “excessive bail” and “excessive fines.” This means that bail must be set at a reasonable amount that is proportionate to the alleged crime and the defendant’s risk of flight or danger to the community. The purpose of bail is to ensure that the defendant will return for their court appearances, not to punish them or raise money for the government.

The court considers several factors when setting bail, such as the defendant’s criminal history, the severity of the alleged crime, and the defendant’s ties to the community. If the court determines that the bail is excessive, it may reduce the amount or release the defendant on their own recognizance, meaning they do not have to pay bail but must agree to return for their court appearances.