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The court in many jurisdictions, especially states that as of 2012 prohibited surety bail bondsmen – Oregon, Nebraska, Wisconsin, Illinois, Kentucky and Maine [29] – may demand a certain amount of the total bail (typically 10%) be given to the court, which is known as surety on the bond and unlike with bail bondsmen, is returned if the ...
Martinez v. Court of Appeal of California, 528 U.S. 152 (2000), is a United States Supreme Court case in which the Court decided an appellant who was the defendant in a criminal case cannot refuse the assistance of counsel on direct appeals.
Full case name: IN RE: KENNETH HUMPHREY, on Habeas Corpus. Holding; Undecided at Supreme Court. The Court of Appeal, First District, Division 2, California, held that setting money bail in an amount a defendant cannot possibly afford amounts to unconstitutional detention of a person before they have been convicted of a crime.
The movement to eradicate bail from America’s justice system will face a crucial test Nov. 3, when California voters will decide whether to end the centuries-old practice of trading money for ...
270,000 felony cases, 900,000 misdemeanor cases, and 5 million infraction cases heard [3] by the California superior courts; There are currently 130,000 people in state prisons [4] and 70,000 people in county jails. [5] Of these, there are 746 people who have been sentenced to death. [6]
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
Lawyers for Stephen Paul Gale, who is accused of raping two women at Hit-or-Miss in Framingham in 1989, made the case for bail in an California court.
There are some conditions put under section 437 of the Cr.P.C. wherein bail can be requested even for a non-bailable offence. In non-bailable cases, bail is not the right of the accused, but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances.