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What Can a Judge Set for Bail?

According to the 8th Amendment of the U.S. Constitution, no judge can set an excessive bail for a person arrested on criminal charges. DWI charges are no exception to this rule, meaning that individuals arrested on DWI charges should have a reasonable amount of bail set for them. However, judges can include certain requirements for bail beyond just posting money for release.

If you’ve been arrested on DWI charges, you may have posted bail to get out of jail. To learn more about your legal options and what you can do if you feel like your bail was excessive, contact a Raleigh drunk driving lawyer at the Law Offices of Jim Black today by calling 919-600-4609.

Options for Bail

A court does have some flexibility when they place requirements for bail. In particular, they can go beyond financial requirements when setting bail for a particular individual. This means that the following may be considered by a judge when setting bail:

  • Money
  • Property
  • An agreement to return to the court on time
  • An agreement not to break the law until the trial
  • Driver education
  • Drug education

These agreements and other additional requirements are permitted under the law. Although they may seem unusual, they don’t exceed a judge’s constitutional powers.

Contact Us

If you’ve been arrested on DWI charges, you may want to consult with a knowledge advisor to learn more about what the police and courts are and aren’t allowed to do. For more information about your rights as a defendant, contact a Raleigh DWI attorney at the Law Offices of Jim Black by calling 919-600-4609 today.


"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891


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From our offices in Raleigh, our attorneys represent clients throughout North Carolina including the communities of Raleigh, Cary, Apex, Fuquay Varina, Wendell, Garner, Holly Springs, and Wake Forest; residents of Wake County.

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