Tuesday, November 30, 2010


Prosecutors Pervert Bail Procedure by Demanding Excessive Bail for the Unlawful Purpose of Preventing a Defendant from Being Released on Bail

The purpose of bail is to ensure that a defendant appears in court, from time to time, as required by the judge. The amount of bail should be set with this in mind, not to make the bail so high that the defendant is unable to raise the money and be released on bail.
Prosecutors routinely seek excessive bail for the specific purpose of preventing the defendant from getting released from jail prior to trial, which makes it more difficult for the defendant to defend himself, and for the purpose of tying up the defendant's assets and loan sources, which makes it more difficult if not impossible for the defendant to hire an attorney.
Thus, prosecutors try to win their case by preventing the defendant from having the time, freedom and resources needed by them to defend themselves against the prosecutors' criminal charges.
This is unconstitutional and should be fought (as should many of the other unconstitutional wrongdoings directed by prosecutors against defendants and their counsel). Perhaps every prosecutor and prosecuting office should be required to maintain public records as to the name of the case and prosecutor, the amount of bail sought, the amount granted, whether bail was actually given, and if given whether the defendant failed to appear when required. These statistics would be quite useful for other defendants and their counsel to show how bail is routinely demanded and often set at excessive amounts, with the effect of depriving the defendants of their constitutional right to a fair trial through due process of law.
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