If you have been charged with a crime and have questions about the bail process, Monroe NC lawyers may be able to explain this information to you.
A criminal attorney in Monroe NC may be able to explain that the federal Constitution prohibits excessive bail, in accordance with the Eight Amendment.
Definition of Excessive
Excessive bail does not simply mean that it more than the criminal defendant can reasonably afford. Instead, excessive bail is that which exceeds the amount necessary that is reasonably calculated to ensure that the defendant will appear in court or achieve other underlying reasons for bail, such as protecting a certain person or the community at large.
Simply because excessive bail is not permitted does not mean that every criminal defendant is entitled to bail. States are able to pass laws regarding preventative pre-trial detention. For example, some states may require detention when a defendant is facing a life sentence or the death penalty. Similarly, state laws may permit preventative pre-trial detention if there is no condition or combination of conditions outside imprisonment that could not reasonably ensure that the defendant will appear or the community will be safe.
Criminal defendants have the right to a speedy trial. A lawyer may argue that a defendant’s constitutional rights have been violated if the defendant is held without bail for too long.
If you would like more information on your constitutional rights, contact a criminal attorney in Monroe NC from Khan Law Offices.