Final answer:
If the accused can't afford bail or a bondsman, they have the right to legal representation by a public defender, who can negotiate bail terms. Additionally, they can request a writ of habeas corpus to challenge the legality of their detention.
Step-by-step explanation:
In cases where the accused cannot provide bail or cannot pay a bondsman, the individual may still have options. One such option, guaranteed by the Sixth Amendment, is the right to legal representation, even if the accused cannot afford an attorney. This was affirmed in the landmark decision Gideon v.
Wainwright, where the Supreme Court ruled that state courts are required to provide attorneys for defendants who are unable to afford counsel on their own. If bail is denied or cannot be afforded, and if a public defender is appointed, the defense attorney can negotiate on behalf of the accused, possibly arranging for a reduced bail or a release on recognizance, where the accused is released based on a promise to appear in court without the need to post bail.
Another legal tool available to individuals held in custody is a writ of habeas corpus. This demands that an individual in custody be brought to court to determine whether their detention is lawful. If the detention is found to be unlawful, they could be released from jail.