Crone, J.
Here, in considering Lopez’s motion to reduce bond, the trial court held a hearing and received evidence, specifically considering the statutory factors listed in Indiana Code Section 35-33-8-4(b). The evidence presented indicates that some factors weigh in favor of the motion to reduce while other factors weigh against the motion to reduce. We note that factors 1, 2, 3, 5, 6, and 9 weigh in favor of Lopez’s motion to reduce. Lopez is an eight-year resident of Dearborn County; he has a long and stable employment history, but his assets have been seized, severely limiting his ability to post bail; he has been married for fifteen years with two children enrolled in local schools; he has no criminal record; he has no record of failure to appear in court and his passport has been seized; and he has been a United States citizen since 1998. Factors 4, 7, and 10, however, weigh against the motion to reduce and in favor of the trial court’s denial of that motion. Indeed, as noted by the trial court, testimony regarding Lopez’s alleged business practices do not reflect favorably on his character;1 he is facing a possible aggregate penalty of sixty years imprisonment and potential fines of $100,000 if convicted; and his alleged business practices indicate instability and disdain for authority. The trial court also noted that Lopez has been known to frequently visit Mexico and that he maintains various ties to that country.
We are most troubled by the trial court’s apparent failure to consider or give any weight to factor 8 regarding the source of funds or property to be used to post bail or to pay a premium, insofar as it affects the risk of nonappearance. As noted earlier, the record indicates that all of Lopez’s assets have been seized and that he does not have access to the funds necessary to post the extraordinarily high bail set here. While the State asserts that it is “reasonable to assume” that Lopez’s brothers, who continue to operate restaurants outside the jurisdiction, can procure the necessary funds to satisfy the bond or that Lopez himself likely “has access to large funds outside of this jurisdiction,” while possibly true, such speculation is not supported by evidence in the record. Appellee’s Br. at 10-11.
Still, the inability to procure the amount necessary to make bond does not in and of itself render the amount unreasonable. Mott v. State, 490 N.E.2d 1125, 1128 (Ind. Ct. App. 1986). However, we must emphasize that we are dealing with a constitutional right here, and the goal is not to punish in advance of conviction but to assure the defendant’s appearance in court. See Samm v. State, 893 N.E.2d 761, 766 (Ind. Ct. App. 2008). Significantly, the State has already seized in excess of $3,000,000 from the search of Lopez’s safety deposit boxes. Nonappearance by Lopez jeopardizes his ability to eventually recover any portion of that large sum of money. This fact alone indicates that the risk of nonappearance is lowered and that the extraordinary bail set here is at an amount significantly higher than reasonably calculated to assure Lopez’s presence in court.
ROBB, C.J., and FRIEDLANDER, J., concur.