The bail system in America has come under scrutiny of late. Some people complain that wealthy people can get out on bail even if they committed a serious crime, while an indigent person may sit in jail for months (or years) on minor criminal charges.
Of course, nobody wants potentially dangerous criminals walking the streets. Plus, we want to ensure that defendants don’t flee the area after committing a heinous crime. Unfortunately, many innocent people languish in jail for no other reason than that they can’t afford bail.
The Department of Justice agrees that pretrial bail schedules that imprison poor people for not being able to afford bail violate the 14th Amendment of the U.S. Constitution.
The criminal courts utilize a bail system to ensure that defendants don’t flee the jurisdiction pending trial. Obviously, the more heinous the crime, the more critical it is that the suspect stay put.
Another argument for setting bail is that it keeps dangerous offenders off the street while awaiting trial. While this may give citizens peace of mind, it also means that people who cannot afford bail stay in jail while other wealthier defendants walk free.
Defense counsels can challenge the setting of bail and the amount that it is set at. Depending on the judge’s reason for setting bail (or not setting bail), your defense attorney can challenge their decision. This isn’t easy, especially in jurisdictions where the judge has broad discretion.
If the bail is excessive, you can argue that it violates your constitutional rights. The Eighth Amendment to the U.S. Constitution prohibits “excessive bail.” The problem is that it does not specify how much is too much. However, the Supreme Court has held that the courts cannot use bail as a way to keep a defendant in jail.
If you or a loved one is in a bind as a result of criminal allegations (hate crime related or otherwise) immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
