Bail Meaning Under Law In Fulton
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Understanding the Bail Bond Process in Georgia The bail bond process begins with an arrest, followed by a bail hearing where a judge determines the bail amount based on various factors, such as the severity of the offense, the defendant's criminal history, and the perceived flight risk.
Motlow, 10 F. 2d 657 (1926). Although the Eighth Amendment protects against excessive bail, there is not an absolute right to bail, as noted in The Bail Reform Act, 18 USC Chapter 207.
The United States Supreme Court has interpreted this amendment to prohibit the imposition of excessive bail without creating a right to bail in criminal cases. See United States v. Salerno, 481 U.S. 739, 754-55 (1987)("eighth amendment does not grant absolute right to bail").
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
States typically have a constitutional provision mirroring the federal Eighth Amendment prohibition on excessive bail. There also are constitutional or statutory provisions that provide the “right to bail”—the right to be released from jail before trial after a defendant agrees to return for court.
Constitutional Amendments – Amendment 8 – “Freedom from excessive bail, fines, and cruel punishments.” Amendment Eight to the Constitution was ratified on December 15, 1791.
Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Id. at 4–5.
B. to force (one) to surrender or identify oneself or to state one's business. c. to waylay or rob (someone)
Bail is the process by which any person arrested and detained for an offence is released from custody either on the undertaking of a surety or on his own recognizance to appear on a future date.
Bail in Georgia is meant to act as an assurance that a suspect of a crime will not flee if released from custody. The Eighth Amendment prohibits bail that is excessive, but excessive is not the same as unaffordable.
