A federal appeals court in Philadelphia upheld a lower court’s decision regarding “whether there is a federal constitutional right to deposit money or obtain a corporate surety bond to ensure a criminal defendant’s future appearance in court as an equal alternative to non-monetary conditions of pretrial release. Our answer is no.”
This may sound confusing. It may also sound like a bad thing. However, according to civil rights advocates, it’s an important decision for those who may not have the finances to pay for bail with cash.
Having No Constitutional Right Is a Good Thing?
Good for the State and Defendants
This decision is a win-win for everyone. In a recent study commissioned by the state chief justice, the state of New Jersey found that dependence on money bail had led to the pretrial release of defendants who could afford to pay, even when they posed a flight risk or danger to the community.
If you feel that you have been unjustly denied bail, contact a local civil rights attorney, who can review your case to see if there is a legal issue for appeal.
Related resources:
- Find a Civil Rights Lawyer Near You (FindLaw’s Lawyer Directory)
- Bail and Bonds (FindLaw’s Criminal Legal Help)
- Getting Out of Jail After You Have Been Arrested (FindLaw’s Learn About the Law)
- 7 Key Factors in Setting Bail (FindLaw Blotter)
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