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Can the judge lower the bail of a felony

Milwaukee, WI |

hes going to court for beating up an elderly and at first his bail was 1,000 now they have raised it to 4,000 can the judge lower that

Attorney Answers 3

  1. Yes, the Judge can lower (or raise) the bail. His lawyer will file a motion for bail modification. Bail is set based on a number of factors, most importantly any information that will assure a Judge that he is a good bet to show up for future court dates. Although bail is supposed to be set at the least amount that is necessary to assure the defendant's appearance in court, the seriousness of the charge also plays a big role. He should consult his lawyer to discuss these things, as they are very case-specific.

    Answers given are general in nature and not intended to create an attorney-client relationship. Specific advice can always be obtained by contacting an attorney directly.

  2. Yes. The judge can lower the bail, or raise it. He needs to be talking with his lawyer about this. If you have information that would help with that, don't post it here, get it to his lawyer.

    Each judge, and each prosecution, is different. Results turn very much on individual facts.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

  3. Yes, judges have the authority over bail every day the case is pending. The attorney should consider the individual judge, prior record (especially looking for past bail jumpings or warrants issued for failure to appear at past court hearings) and all other facts relevant to whether a person is a "flight risk" in deciding whether and when to file a bond modification motion.

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