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Being held without bail can be ordered by the court and not be considered excessive.
The reasons are three fold:
- First, the defendant has demonstrated a history of failing to appear in court as ordered.
- Second, the court may deem the defendant a risk to public safety.
- Third, certain charges (depending on the jurisdiction) such as murder have no bail.
What else can I help you with?
Does a person have a constitutional right to bond in a criminal case?
No. The Eighth Amendment states in part ". . .excessive bail shall not be imposed. . ." The federal courts have interpreted the Constitution to mean that persons accused of non-capital crimes have a right to bail, but that persons accused of capital crimes do not. The sole Eight Amendment right regarding bail is that it not be excessive. What is "excessive " is determined in light of all the circumstances surrounding the matter and cannot be given a fixed amount for each crime. Some states have passed laws or adopted constitutions that guarantee the right to bail in every case of an offense against that state's criminal law, whether it is capital or non-capital. The theory is that the US Constitution in prohibiting excessive bail impliedly means there must be bail of some sort. Being out on bail is important to our system guaranteeing a fair trial, preparing a defense, and not punishing accused persons who have not yet been found guilty of any crime. Excessive bail amounts would have the effect of keeping an accused person in jail in violation of those rights. If the government wanted to keep a person in jail before trial in violation of the accused's rights and if the imposition of excessive bail would have that effect, isn't complete denial of bail the same as excessive bail? So it is arguable that reasonable bail should be available in every case. Some accused persons would say that excessive bail is better than no bail at all, because at least there would be some hope of raising it. This is an instance where a state law seems to be in conflict with the US Constitution as interpreted by federal courts yet is not unconstitutional. This is because the Eighth Amendment gives individuals a personal right and if a state chooses to increase the scope of that right, it is free to do so. No state would be able pass a law that denied bail in serious, but not capital, crimes, such as bank robbery, because that would be contrary to Eighth Amendment rights to bail in all non-capital cases. A state may enlarge personal freedoms, but may not reduce them.
How are the words accept and denial the same?
being in denial is acceptance of a false fact.
Are you allowed to post bail for your same-sex spouse?
Yes. In fact, a complete stranger can post bail for you, even without your consent or knowledge.
If you are out on bail can you get bail on a new charge?
If you are already released on bail on one offense and then are arrested for committing another, you won't even be considered for the privilege of bail the second time around. You are already in violation of the provisions of your first release which, in itself, would be enough to revoke your original bail. You don't get two bites at the same apple.
If out on bail and arrested for something else does the bail money return to the person who posted it?
I am in the same situation. My fiance was arrested, but I had posted bail. Then probation violated him, so now he is incarcerated yet my bail has not been released for the previous arrest. The time he has served does not account towards anything because technically he is out on bail. How do I go about getting this bail revoked so the clock can start ticking ?
Does a bail bondsman carry a gun in nc?
A bail bondsman has the same authority to carry a gun as any other private citizen. No more, no less.
Can you change the station you go to for bail?
You would really have to ask locally. In some jurisdictions, bail deposited at one location IF IT IS DEPOSITED WITH THE SAME ORGANIZATION (i.e.: same police department - same Sheriff's Office- etc) is applicable at another.
How do police know if you have breached bail conditions?
When a person is out on bail, conditions are set by the judge. For example, no drinking, if the police officer sees that you are drinking, then you have breached your bail conditions. Bail conditions can vary greatly by locality. In some areas they are standardized to the same things for anyone on bail, in other locations they may be specific to each case and set by the judge.
What if you are out on bail and then grand jury indictment can you be rearrested on same charges?
An indictment is a charging document. If a person was already out on bail and then indicted, the indictment would be for new charges.
If your arrested for the SAME crime that you are out on bail for what happens next crime is assault with deadly causing great bodily injury?
Your bail will be revoked and you'll be sent to jail to await action on the offense you were out on bail on. Then - you'll be charged with the NEW offenses.
Can two people on bail live in the same family house?
Yes, two people on bail can live in the same family house as long as their bail conditions do not prohibit them from being in close proximity to each other or if it does not violate any court orders. It is important to consult with the bail bond agency or legal counsel to ensure compliance with all requirements.
How do you you bail in skate 2?
In Skate 2, to bail out or bail off your skateboard, you can press the "Bail" button. This allows you to quickly dismount from your board and avoid crashing. It can help you avoid injury when you know you're not going to land a trick.
