The following is intended to be general advice only. Every case and jurisdiction is different. Consult with your lawyer before doing anything.

Bail is first set by the police. It is based on what the police say the charges are. It is the prosecuting attorney, however, who decides whether or not formal charges are to be filed in court, and if so, what the charges will be. These formal charges much of the time are different from what the police charges were. When the arrested person gets to court, the bail may be adjusted up or down based on the formal charges. More often than not, the formal charges are less serious than what the police were talking about. In such instances, the court will usually lower the bail on its own motion. A lawyer retained to appear at the very first appearance can move the court for a further reduction, or even a straight release on the client's own recognizance, based on the client's ties to the community and other factors tending to show the client will make all court appearances. On the other hand, if the police have underestimated the charges, it is occasionally a good strategy to immediately post bail and be present in court, out of custody, for the first appearance when the court may be considering a motion to increase bail. A lawyer can argue that his client came to court without any problem and thus there is no need to revisit the issue of bail. Any immigration issues, holds, warrants, or pending cases in other jurisdictions also need to be considered. Whether or not you immediately post bail or wait is something that should be discussed with your attorney.

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