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Good morning. I am sorry to hear about this. Can you share with me the reason that the Judge denied bond? Was she on probation at the time of the arrest? Was she a flight risk? Did she have a prior record? I am asking because I have never heard of a Judge not selling bond for charges like this.
Thank you. If she was denied bail, for no reason at all and simply kept in jail for these charges, without a legal basis, it would be a violation of her constitutional right, under the 8th amendment. In this case, it could be argued that the unwillingness to set a bail and the desire to hold her, was not supported by any evidence and would be deemed excessive, in nature. You shared above that she had pills in her possession but a prescription to show and support she had legal possession, so there would be no basis to charge her. That would leave the syringes, which could be classified as paraphernalia, which is a misdemeanor, so what has happened in this case so far is unclear and disturbing, if she has been help for 3/5 months and the case is still pending and yet to be resolved and she was denied bail 3 times, without good cause. Her attorney should be filing an appeal and/or requesting an emergency motion with the court and asking the Judge to recuse themselves, based upon the clear violation of her constitutional right and being held without bail, for no reason at all.
If she was on probation at the time of the arrest, then the Judge could have a legal basis to deny bond, since she would be in violation and hold her, until the probation violation is resolved.
Thank you for the reply. If the Judge felt she was a suicide risk, she could be held BUT she would need to be evaluated. Once it was determined she was not at risk, she should have had bond set, when she went back in front of the Judge, the second time, for it. She should have only been placed in rehab if it was part of a sentence, so I am unaware of the Judge being able to order her to rehab, unless it was a condition to her violating probation. If she violated and the probation was revoked, then this would make sense.
I certainly understand. This is appeal-able and her attorney needs to file a motion for a rehearing on the motion to set bond and present those facts to the Judge, that there is no legal basis to hold her without one.