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Denial of bail based on a chance that the defendant may reoffend?
Yes. That is one of the reasons that bail can be denied. What is the question?
How do you bail and any kind of cases can be bail?
A judge decides first of all whether the accused can be released on bail, and secondly, what the amount of the bail should be. If the judge thinks that there is too much risk that the accused will seek to flee, or may commit additional crimes while out on bail, then the judge can deny bail.
For what crimes can you not be granted bail?
In the United States, bail may be denied for serious crimes such as murder, treason, and certain violent offenses.
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 do you quash a warrant with bail denied?
quash ? when bail is denied the judge may have reason to belive that the suspect might flee if relased on bond or if suspect has had bond or probation revoked and will have to stay until court has given a verdict.
What is the Right to bail?
Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it,Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore a person charged with a crime, should not be denied freedom unless there is a good reason.The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:abscond, orcommit further offences whilst on bail, orinterfere with witnesses.The court should take into account:the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),the character, antecedents, associations and community ties of the defendant,the defendant's bail record, andthe strength of the evidence.The court may also refuse bail:for the defendant's own protection;where the defendant is already serving a custodial sentence for another offence;where the court is satisfied that it has not been practicable to obtain sufficient information;where the defendant has already absconded in the present proceedings;where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail.Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.
Does every jail sentence get a bail?
No, if the judge determines that the accused is a flight risk, no bail may be set. Also, it is possible that if the accused is determined to be no threat and very cooperative, a Personal Recognizance bond may be set; that is he may be released by his own assurance he will return to court at the appointed time and date.
What did the supreme court uphold in US v Hazard?
bail may be denied to offenders who pose a danger to the community.
Does the constitution provide a right to bail all people accused of a crime?
In short, no.The eight amendment is as follows:Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.In no way does this give all people the possibility of bail. States may say that certain people may not be put on bail, because there is a risk of them running, or any other risk that might come up.
When is there no constitutional right to bail?
The Eighth Amendment has been interpreted to mean that bail may be denied if the charges are sufficiently serious. The Supreme Court has also permitted "preventive" detention without bail. In US v. Salerno, 481, US 739 (1987), the Supreme Court held that the only limitation imposed by the bail clause is that "the government's proposed conditions of release or detention not be 'excessive' in light of the perceived evil."
How can judges deny bail?
Yes, they can deny bail. They assess several factors; among them are your ties to the community, your past record, whether or not you a flight risk, and the seriousness of the offense you are charged with.
What is the main idea of the 8 amendment from the bill of rights?
The eighth amendment refers to "Bail and Punishment" regulation.It states that:The government may not charge excessive bail of accused persons.The government may not institute cruel and unusual punishment of convicted persons.
