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Denying Bail

The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution. Full Article

Also see

Is a Categorical Denial of Bail for Accused Sex Offenders Constitutional?

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  1. Chris f

    Great article.

    It is still scary that the vote was 4 to 3. They were one vote from unconstitional bail denial being automatic with no individual assesment or consideration of facts.

  2. USA

    Well done! If this law where to stay in place, this would be one reason to over – (correct me) charge someone to keep them in jail?

    • Dustin

      @ USA,

      It’s not exactly an Arizona law in question here. It’s an amendment to their state constitution.

      And yes, overcharging someone to keep them in jail wouldn’t be that far off. All LE would have to do is claim they have reason to believe the person they arrested for, say, burglary may be involved in an unsolved sex offense for the sake of bail denial, since a mere accusation is all that’s needed to make “the presumption great.”

  3. mike r

    I am glad the court made the right call and yes it is scary it was 4-3. These bastard#%^ are attacking the very foundations of our constitution left and right. Now what about excessive bail? It is pretty screwy that my old boss gets caught with 42 stolen cars ready to crush and he gets arrested and is out in hours (surprised he even got arrested being a multi-millionaire, but that is a different story). If that would have been me or many of you, hell no, most of us could not have made the 250 k bail that he made (not to mention all he had to do is get out of the business and pay restitution to the vehicle owners to avoid prosecution, pulling strings in high places, scandalous dude I can tell you that. Seems like so many millionaires are scandalous, at least most that I have worked for, and that has been many in my life).

  4. Dustin

    I commented extensively on both blogs as “donttrustthepress.” Strongly suggest those that want to weigh in to do the same.

  5. USA

    Well, you guys can argue if its a law/amendment etc all day long. Although, as you are probably already aware, Bail will soon be a thing of the past here in Ca!

  6. mike r

    Sorry got a little off topic there…

  7. USA

    I actually live down the street (you would recognize the name) from the owners of a Bail Bond owner. In summary, I can kind of understand how people might consider those with money having an advantage by being able to bail out etc. Yet, the new law in Ca is going to be a mess! Will they have to have a hearing to determine if the person poses a risk? Yet, what about the 1st time offender who might not even be guilty, but yet be arrested for a serious charge? I was arrested for 5 Felonies at the time. (LA). Right after the Preliminary Hearing, my Counsel asked me to leave immediately right after the DA wanted to confirm my bail? Had this occurred now in OC, I bet the bail would have been 20X that amount? I have difficulty in believing this new law will be instituted! I feel strongly that with the new Governor that will soon be in charge of Ca, this is a perfect opportunity to Amend SB 384 and other laws that will help those currently on the Registry. Its a no brainer!

    • AJ

      I think you’re spot on that ending bail is a step in the wrong direction. Though there are problems with the bail system, removing it is not the panacea some seem to think. Personally I see either a lot more people spending a lot more time in jail ahead of court and/or a measurable increase in people fleeing.

      I don’t know that it was done, but it would seem prudent to have studied how, when and why bail was introduced into the process. Once again, those who don’t learn from history are doomed to repeat it.

  8. USA

    Example: all of my original charges where dismissed! I plead to a Battery Wobbler with Summary Probation. The new law will motivate DA’s to over charge? (Forcing people to take please etc).

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