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I have seen several of my friends incarcerating get grid…

Customer Question
I have seen several...

I have seen several of my friends incarcerating get grid given bail in a reasonable mount posted that bale usually by bond with a bonding agent and been released where they should by the Constitution the way I read it be free and your normal societie again with the presumption of innocence until their trial know every one of my friends who's out on a rrasonable bail ends up having to report for supervision and testing to court services even though they're on bail in their presumed innocent I don't understand how that's constitution

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Nevada.but this would seem to directly violate federal, constitutional protections.wr need an injunction post jaste

Lawyer's Assistant: Has anything been filed or reported?

Not that I am aware of but if lower court judges can get Donald Trump executive orders paused with injunctions based on ridiculous arguments this seems to me to be something clear and in the spirit of the former's of our constitution missing some

Submitted: 6 months ago.Category: Legal
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12/29/2017
Lawyer: Zoey, JD, Attorney replied 6 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,361
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 6 months ago
ok
Customer reply replied 6 months ago
Without the technical details eat simply occurs to me that the Constitution provides specifically for the rights of the accused with regards ***** ***** reason bull setting of bail and the fundamental presumption of innocence until proven filthy beyond reasonable doubt. It seems to be a clear violation of the right of the accused to be presumed innocent and loud to return to normal societie during a period of bail With out being imposed upon to report submit to drug testing and be generally supervised by the court during this period During this period it just seems so clear cut to me I don't understand how some you know go get her attorney hasn't jumped up and filed for an injunction immediately on this and got it
Lawyer: Zoey, JD, Attorney replied 6 months ago

In order to CONVICT a defendant, he must be proved guilty beyond a reasonable doubt. Until then he is innocent until proved guilty.

In order to arrest a defendant, to prosecute him and hold him under court mandate, they don't need anything more under US law than probable cause. Probable cause is just a reasonable belief that a person may have committed a crime.

So nobody is saying that a criminal defendant is actually guilty until such time that he's convicted by plea or verdict. What the state is saying, is that there's evidence which, if believed beyond a reasonable doubt, would be enough to make out the elements of the crime charged. And that gives the judge the discretion under the criminal procedure law of your state, for bail to be set.

When the judge sets bail, he looks at many things, such as the strength of the state's case, the seriousness of the crime, the criminal and personal history of the defendant, whether the defendant has solid ties to the community and if he will be a flight risk.

Bail is NOT unconstitutional. Unreasonable bail, however, is barred by the 8th Amendment.

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Customer reply replied 6 months ago
that is all fine but my issue arises at the point Let out of jail Into a bail. Where they are supposed to injoy a return to normal societie as a free person Who enjoys the presumption of innocence which I assume means without suffering any penalty or punishment Until the commencement of trial and/or conviction this is an activity that is occurring in Reno Nevada To accuse individuals Any advance of their trial This to me seems unconscionable and Unconstitutional
Customer reply replied 6 months ago
what is occurring is they are being required to submit to 8 pre trial courts service agency For the purpose of supervision testing and other forms of what seemed to be a penal type of thing in advance of their trial
Lawyer: Zoey, JD, Attorney replied 6 months ago

Most criminal defendants who post bail are not subject to any monitoring. Typically, a judge will impose additional monitoring to split the equities. That is, he allows a defendant to be at liberty rather than keep him in on much higher bail if his record is such that he would likely reoffend, for example, and/or if the crime that was charged poses a risk to the welfare of the community. It's the unreasonableness, if any, that would be unconstitutional, and not the imposition of regulations deemed necessary for the public good.

These defendants could petition to get the judge to modify the conditions of their release, or get a review of this by another judge. But there's nothing unconstitutional about this. The fact of the arrest and probable cause provides for a defendant to be subject to court mandate, so long as the restrictions are not unreasonable. Even those of us who have no criminal case pending are subject to laws we must obey and which curtail our rights.

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