my husband and i were arrested at the same time, i am out on $5000. bail, his bail for the same exact charge is $50,000. is that legal?

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my husband and i were arrested at the same time, i am out on $5000. bail, his bail for the same exact charge is $50,000. is that legal?

Asked on June 4, 2009 under Criminal Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The amount a person can be quoted for bail differs depending on the circumstances, past history, any previous record, possibility of recurrence, flight, and a slew of other circumstances. if you both seem to have pretty similar situations with regard to not only the charge but the other circumstances as well I would advise contacting the attorney who handled the bail hearing. They can look into this a bit more and figure out why the difference

If it is completley unheard of they can also bring that point to the judge to have bail reduced. Either way you should ensure he has an attorney and the attorney can work to ensure he gets the lowest bail possible and that he is represented throughout the case.


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