Unreasonable Bail Is Unconstitutional
Have You Encountered Unreasonably High Bail? We Can Help
Unreasonable bail can make a bad situation feel hopeless. Simply stated, unreasonable bail is bail that is unusually high in price. When bail is set much higher than usual or is more than necessary, especially for minor crimes, then the bail is said to be unreasonable. Federal law prohibits unreasonable bail. The practice is also banned in most states.
Federal Law Prohibits Unreasonable Bail
Without a doubt, unreasonable bail is unconstitutional. Long ago, the founding fathers decided this issue. Unreasonable bail is directly prohibited by our nation’s founding legal document. Moreover, the courts uphold this principle.
It’s in our Bill of Rights – The Excessive Bail Clause in the 8th amendment to the United States constitution, restricts abuse of power by setting limits on bail. In practice, bail should be no larger than an amount that will reasonably ensure the defendant will show for trial. Of course, there are exceptions. The court may order that no bail be set for a person deemed a high risk to the community.
Most States have Similar Prohibitions against Unreasonable Bail
The majority of states patterned their constitutions off of the US constitution. As a result, many of these states have prohibited unreasonable bail in their founding documents. Further, other states have created laws banning the practice since their foundation. In any case, unreasonable bail is always illegal in the Unites States. It’s a constitutional issue.
Have you or someone you know been affected by unreasonably high priced bail? Contact an attorney at Wyatt Law. We’ve had a great deal of success getting unreasonable bail reduced quickly.
*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.