Can Bail Be Reduced in Washington State?

Yes. Bail and other release conditions can be reconsidered.

Under current Washington Superior Court Criminal Rule 3.2, a defendant who remains detained because they have been unable to post bail may move for reconsideration of bail after the preliminary appearance. The rule calls for a hearing within a reasonable time, and if the court continues to require bail, the court must state its reasons on the record or in writing.

What Information Can Matter?

The same types of information relevant to the original release decision may also be important when release conditions are reconsidered. Depending on the circumstances, that may include the person’s history of appearing for court, employment, education, treatment participation, family and community ties, criminal history and other relevant circumstances.

Financial resources are also specifically addressed by Washington’s release rule when a bond is being set.

The rule additionally permits a court to amend release conditions when there has been a change in circumstances, new information or other good cause.

Who Requests a Bail Reduction?

Because this involves a motion to the court and the facts of a particular criminal case, someone seeking to change their bail should discuss the matter with their attorney.

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