The United States Constitution states in the Eighth Amendment that “excessive bail shall not be required.” Yet, despite this plain language, there are number of exceptions to how that constitutional guarantee is carried out in practice.
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If a person is charged with an offense for which they could face life imprisonment or execution, pre-trial detention with no opportunity to post bail may be imposed. Bail may also be denied if the court determines that there is simply no way to ensure that the defendant will appear in court or that the defendant is too dangerous to the community to release.
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Bail is not necessarily considered excessive just because the defendant can’t afford it. However, if the bail is set so high that it is beyond what is necessary to ensure the defendant’s appearance, then it may be considered excessive under the constitution.
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Lawful detention without bail can become unconstitutional over time, if the lack of bail causes the defendant to stay in jail so long that it becomes a violation of due process all by itself. The best way to handle all bail issues is with experienced legal representation. Contact the Attorney at this phone number.