Legal Question in Criminal Law in California
criminal history report
If initial bail amount is determined by the bail schedule for corresponding offenses charged by law enforcement at the time of booking, what prevents law enforcement from unfair detainment by using frivulous charges to raise bail? Does'nt this allow the cops to do an end run around the eithth ammendment? When after an arrest does the separation of power between law enforcement and prosecution take place?
1 Answer from Attorneys
Re: criminal history report
No, there is nothing to prevent detainment based on frivolously high bail. Your recourse is to be heard by the judge on the issue of bail at your arraignment. If you feel the bail is still too high, you have the right to a bail review hearing, within a few days afterwards.
There is no constitutional separation of powers between the cops and the prosecution. Constitutionally, they are one and the same as part of the executive branch.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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