Legal Question in Criminal Law in Arizona

Excessive Bail Law

My boyfriend has been in the county jail on a failure to appear in the 1st degree with a $250,000 cash only bond. During the bond reduction hearing the Prosecutor gave reasons to deny bail as charges that might be filed later on another case & nothing for what he is being held on. No objection from PD. It was denied & no reduction. The PD has not filed any motion's that my boyfriend has requested. Such as the photo line-up seems prejudicial with the vague description of witnesses being a white male, 5'6 and weighing 180-210 lbs. The actual line-up had 2 mexican men and one that his nationality was unclear. The pictures were all very dark & unclear except for my boyfriends, his was the only photo that was light and clear. His physical description is 5'11 and 160lbs. The inconsistent statements are unbelievable. Not one time did the 2 witnesses give the same statement. There was no physical evidence at the scene, no fingerprints, dna and the one and only suspect that was at the scene and charged, stated my boyfriend was not there, had there charges dismissed. Does the State have enough to hold him on such a high bail? My understanding is that bail is to ensure appearance not to inprison someone?


Asked on 1/02/06, 8:10 pm

1 Answer from Attorneys

Jason Lamm Jason D. Lamm Attorney at Law

Re: Excessive Bail Law

Your points are well taken. Bail is designed to insure the accused's appearance and to protect the community. Bail should not be based upon future charges. Pima County is notorious for having high bonds. If you are looking to hire private counsel, please contact me at (six zero two) two two two - nine two three seven. I will need more info about the case.

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Answered on 1/02/06, 8:43 pm


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