What is Excessive Bail?

July 23, 2016

The Constitution says bail shall not be excessive. The definition of excessive is going beyond what is usual, normal, or proper. How do you suppose we should interpret excessive bail. There are currently two ways Courts are interpreting this.

The first is to say people are presumed innocent and bail should be set at an amount the person can financially afford. 

The second is to say bond should be set at an amount that considers the type of charges, weight of the evidence, the person criminal history and set a bond amount that will reasonably ensure the persons court appearance and the safety of the community.

As a bail bondsman and a concerned citizen I believe the second interpretation is correct.  

 

for further reading on this topic go to http://apublicdefender.com/2009/05/10/what-does-excessive-mean-anymore/

 

 

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