Legal Question in Criminal Law in Kansas

freedom

Is it legal to set a bond out of reach (to high) to serve as a jail sentence?


Asked on 5/08/07, 3:55 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: freedom

Your question is much more complicated than you might think. there are no specific statutes as to what bond is appropriate to what crime, and for what defendnats. Generally, the cosntitution requires that bond be appropriate to the crime charged and the risk to the public. A million dollar cash bond would probably be unconstitutional for a speeding infraction, but not for murder in the first degree.

All other bond amounts are decided somewhat on a per case basis. If a bond amount is set far beyond adefendant's means, then it is an issue to be considered in deciding if his right to speedy trial has been violated. Defendant's are presumed innocent and unofficially presumed to fail to appear for trial if let out. Therefore, a bond is set to respect teh innocence presumption and lessen the chance that the defendant will skip the trial or sentencing.

If they are nto accused of a violent crime, and there are family members that are in frequent contact with the accused, a judge may grant a motion to reduce the bond.

Good Luck

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Answered on 5/09/07, 3:39 pm


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