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laurell3 -> RE: OJ (10/29/2007 10:29:36 AM)
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quote:
ORIGINAL: Nosathro
Coming from a Criminal Justice background I can tell you there is no right to bail. A Judge may deny bail or revoke bail at any time should he have grounds for it. Such reason can be seriousness of the offense, person presents a danger to the community, possible flight, additional charges while on bail, parole, probation, pending extradition.
Actually the United States Supreme Court says a bond is supposed to be set in most cases except where there are unusual circumstances. The factors you listed can be those unusual circumstances. Evidence that someone is a flight risk, has previously failed to appear, has no ties to the community, has serious charges, has a history of offenses indicating a lack of cooperation with the law, drug/alcohol issues...etc can also all be factors. The bail or bond is revoked if there are additional charges, or any other violation of the terms of said bail or bond. That's not the same as an initial setting. None of these things mean the court can't set the bond very high or determine that in this unusual case bond is not appropriate. But yes, you do in fact have a right to a bond.
The law is fairly clear that bond should not be used as a punishment and the courts should not attempt to determine whether a person is innocent or guilty and use that to increase bond, after all, that's what a trial is for and we are all innocent until proven guilty.
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