Arraignment, Bail, Bonds, Pretrial Extraordinarily large bond amount for A misdemeanor

[fofepir]

I was charged with a class a misdemeanor for possesion of a cell phone in a cell about 15 seconds after getting into the county jail. The maximum fine for this offense in the state of indiana is 5000. My bond was set at 7500, and when I asked why i was told because he (the judge) doesnt like it when people threaten the security of his jail. I know that judges can pretty much do whataver they see fit, but is this legal? It even states in the bail documents provided on this site that a judge cannot set the bail amount higher for punishment purposes, and this feels like a case of exactly that. Any insight that could be provided would be most appreciatted. Thank you. R

 

[army judge]

Judges can not use bail to punish. If you feel your bail was set too high as a punishment, discuss the situation ONLY with your attorney.


Yours might have been raised because you were already under arrest. The amount could be the total of the two charges. Ask your attorney!!!

 

[fofepir]

I intend to seek guidance from my counsel Monday, just trying to get a feel for where I stand before then. I had already decided that it would most likely not be in my best interest to make anyone not on my side aware of this suspicion at this time. Im not a lawyer, but I have noticed that sometimes mistakes of this nature can be even more of a positive in the end as a negative at the time. Im already considering a change of venue because the new judge is the old prosecutor and is known for seeking max sentences in just about every case. Plus he prosecuted me a few years back, and my best plea offer was downright terrible. I got a court appointed attorney that time, dont intend to ever make that mistake again. Im thinking that this may be the perfect reason to seek said change of venue, as well as recoup some of the outrageous bond I was forced to post. Thank you for your advice, I will definately be taking it. R

 

[fofepir]

Yes I was already under arrest and had a bond for 7500 for a d felony, When I went to the court the judge raised the bond on the misdemeanor from 1500 to 7500 so i had to pay 1510 as opposed to the 860 i would have had to pay had i made bond prior to court. He literally took an a misdemeanor bond and set it 50% higher than the max fine for said offense.

 

[mightymoose]

Your bail amount is not a fine. Comparing bail with the maximum fine for the offense is sort of an apples/oranges thing.