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Once a judge sets bail, can the amount be negotiated?

Albuquerque, NM |

This involves a criminal case -- accused is charged with misdemeanor. Accused is also charged with a felony in a separate but related case.

Is a regular citizen allowed to talk with a judge and argue for reducing the bail?
If bail is posted by a citizen, is the judge more likely to take the money if terms of a related case are compromised compared to if a bonding agency posted the bail?

Attorney Answers 3


Only a member of the bar may argue on behalf of someone else. Generally, unless there is a change in circumstances, once a judge has set bail after hearing applications from both sides it won't be changed.

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Barry Franklin Poulson

Barry Franklin Poulson


If you are refering to yourself, you can represent yourself, but it is a very bad idea. If your request is turned down, it is much harder for an attorney to get that overturned later.


Motion to reconsider the bond conditions, terms of amount, yet more work needs to be performed to successfully present that.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

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The New Mexico Constitution Art. 2, § 13. Bail; excessive fines; cruel and unusual punishment requires that bail be set in almost all cases:

All persons shall, before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great and in situations in which bail is specifically prohibited by this section. Excessive bailshall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Bail may be denied by the district court for a period of sixty days after the incarceration of the defendant by an order entered within seven days after the incarceration, in the following instances:

A. the defendant is accused of a felony and has previously been convicted of two or more felonies, within the state, which felonies did not arise from the same transaction or a common transaction with the case at bar;

B. the defendant is accused of a felony involving the use of a deadly weapon and has a prior felony conviction, within the state. The period for incarceration without bail may be extended by any period of time by which trial is delayed by a motion for a continuance made by or on behalf of the defendant. An appeal from an order denying bail shall be given preference over all other matters.

Bail (also known as conditions of release can be reviewed by requesting a hearing after 24 hours of custody. A Petition to the District Court can also be made to contest the magistrates decision if you are charged with a felony. Read on...
NMRA 6-401(F) Review of Conditions of Release. A person for whom conditions of release are imposed or bail is set by the magistrate court and who after twenty-four (24) hours from the time of transfer to a detention facility continues to be detained as a result of his inability to meet the conditions of release or bail set, shall, upon application, be entitled to have a hearing to review the conditions imposed or amount of bail set. Unless the release order is amended and the person is thereupon released, the court shall state in the record the reasons for continuing the amount of bail set. A person who is ordered released on a condition which requires that he return to custody after specified hours, upon application, shall be entitled to have a hearing to review the conditions imposed. Unless the requirement is removed and the person is thereupon released on another condition, the court shall state in the record the reason for the continuation of the requirement. A hearing to review conditions of release pursuant to this paragraph shall be held by the court imposing the conditions.

NMRA 6-401(I) Petition to District Court. A person charged with an offense which is not within magistrate court trial jurisdiction and who has not been bound over to the district court may file a petition at any time after his arrest with the clerk of the district court for release pursuant to this rule. Jurisdiction of the magistrate court to release the accused shall be terminated upon the filing of a petition for release in the district court. Upon the filing of the petition, the district court may proceed in accordance with Rule 5-401 NMRA of the Rules of Criminal Procedure for the District Courts. Any bail set or condition of release imposed by the magistrate court shall continue in effect pending determination of conditions of release by the district court. If, after forty-eight (48) hours from the time the petition is filed, the district court has not taken any action on the petition, the court shall be deemed, at that time, to have continued any bail set or condition of release imposed by the magistrate court.

A person may represent themselves in court. It is called appearing pro se but in my opinion you should always have an attorney represent you in a criminal case.

Disclaimer This answer is for your information only. It does not constitute legal advice. This answer does not constitute, nor do they create, an attorney-client relationship between Lelia L. Hood and any receiver. This site is governed by a Site Use Agreement that you accept by reviewing these pages. The information provided on these pages is general only, and you should not act upon this information without consulting with an attorney.

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