Bail Meaning Under Law In Montgomery
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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.
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.
Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Id. at 4–5.
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 judge determines the amount of bail that must be posted for the defendant's release. The bail amount is influenced by various factors, including the severity of the charges, the defendant's criminal history, ties to the community, employment status, and the potential flight risk.
Some examples of typical bail amounts for common crimes are: Petty theft: $50 to $1,000. DUI: $500 to $10,000. Assault: $1,000 to $50,000. Murder: $1 million or more.
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.
