Criminal Defense Lawyers Can Fight Bail and Due Process Controversies
The legal community has entertained bouts of controversy on constitutional issues as it pertains to excessive bail and due process.
Understanding the Eighth Amendment
US laws based on the constitution of the Eighth Amendment prohibits unwarranted bail. This is an established protocol in legal practice. Contrariwise, preventive pre-trial detention is a trending pattern observed in the US judicial system. Preventive detention becomes an option in events where a defendant has committed a crime for the maximum sentence. This includes criminal acts that warrant a sentencing of either life imprisonment or execution. The government can grant a preventive detention if there’s no condition or nuances to activate restitution, besides imprisonment.
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Bail protocols NOT Beyond Lawbreaker Means
Restrictions on bail and preventive detention has many variables. The Eighth Amendment, rules that the bail amount should not exceed a threshold that reflects assurance of a defendant’s presence in court. It is essential that all objectives have been achieved. This includes community protection.
The court has the right to set a bail amount that is exorbitant and inaccessible to the defendant. Nonetheless, it should complement the occasion and crime committed without prejudice.
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Due process violation
In events where a defendant has been jailed or detained unduly, a criminal defense attorney can help. It is the law that the state release the defendant. The constitution, rules against unjustified detention. When there’s evidence of violation, a lawbreaker or supporting parties, should hire an experienced, qualified criminal defense lawyer.