Skip to main content
51 votes
Accepted

Does pre-trial detention exist only because of a resources constraint?

Even if unlimited resources were available, in order to have a fair trial, the prosecution and defense both need time to prepare their cases, research the law, conduct investigations, gather evidence, ...
Nate Eldredge's user avatar
36 votes

When will desuetude apply to Julian Assange's bail violation in U.K. law?

Desuetude is the wrong concept. Desuetude relates to laws as a whole falling out of use; it doesn’t relate to individual cases. There is no question that the UK actively enforces their bail laws so ...
Dale M's user avatar
  • 213k
26 votes
Accepted

What is the intent of Donald Trump's $200k bond?

The Fulton County Superior Court's bond order is online here. It says with consent of counsel for the State of Georgia and for the Defendant, the Court hereby GRANTS and ORDERS that bond is set in ...
Peter - Reinstate Monica's user avatar
21 votes

"Innocent until proven guilty" doesn't apply to bail?

The concept of "innocent until proven guilty" is inherent in our constitutional protections for due process. As far as I know, the Supreme Court first formally recognized it as a rule in ...
bdb484's user avatar
  • 60.6k
17 votes

Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail?

Here is one of the three Trump appearance bonds. As you can see, it is a personal recognizance bond, and not a dollar amount bond. He promises to appear, as required, and there is no money involved. ...
user6726's user avatar
  • 215k
13 votes
Accepted

Does a bail-jumper have any recourse from being apprehended with the help of illegally obtained information?

Does a bail-jumper have any recourse from being apprehended with the help of illegally obtained information? No. The bail-jumper has no recourse from being apprehended with the help of illegally ...
ohwilleke's user avatar
  • 220k
9 votes
Accepted

Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail?

It would be an extraordinary circumstance for a defendant to be out on bail or bond without that fact being part of the public record. In general, the public has access to court records under both the ...
bdb484's user avatar
  • 60.6k
8 votes

"Innocent until proven guilty" doesn't apply to bail?

Innocence and guilt has nothing to do with remand or bail The common law presumption of innocence and the right not to be incarcerated without due process are not at all incompatible. The Constitution ...
Dale M's user avatar
  • 213k
8 votes

What is the intent of Donald Trump's $200k bond?

So because of the presumption of innocence until proven guilty, unless the suspect poses a significant flight risk or danger to the public, they are usually granted bail, which is usually cash bail in ...
hszmv's user avatar
  • 23k
6 votes

Why is Julian Assange in jail?

There are two reasons for jail: Applying the sentence Denying the accused the opportunity of fleeing, destroying evidence or doing the same felonies again. The last part is always a difficult one, ...
SJuan76's user avatar
  • 5,879
5 votes
Accepted

When will desuetude apply to Julian Assange's bail violation in U.K. law?

The short answer is that there is no specific time limit for Julian Assange to be tried. In more detail: Julian Assange was granted bail in the extradition proceedings brought against him as the ...
Francis Davey's user avatar
5 votes

How often is bail money returned?

I don't know precisely what the default rate is, but I represented a bail bondsman for several years so I do have a good sense of the economics of that business. Basically, bail bond business make ...
ohwilleke's user avatar
  • 220k
5 votes

Is Patty Mayo's Youtube content legal?

If Mayo's content was against YouTube's Terms of Service, due to copyright, illegal activity or lack of model releases for the people filmed, I think by now Google would have taken his channel down ...
BlueDogRanch's user avatar
  • 18.9k
4 votes

Why was Anne Sacoolas not committed for contempt of court?

CIA employee Anne Sacoolas skipped bail when she was supposed to appear for her sentencing for running over and killing a British youth. No. Your timeline is all messed up, the language extremely ...
Trish's user avatar
  • 40.4k
4 votes

Is it legal (but maybe "unprecedented") for the prosecution to "judge shop" to re-arrest someone on the same charges?

In the United States, Double Jeopardy attaches when: A.) In jury trial when the jury is empaneled and sworn in B.) In a bench trial when the court begins to hear evidence after the first witness is ...
hszmv's user avatar
  • 23k
4 votes

Remanded for a plea of Not Guilty for Reasons of Insanity?

You don’t plead anything at the police station When you are arrested the police will take you to the station and hold you for a short period (terrorism offences excepted). During this time they will ...
Dale M's user avatar
  • 213k
3 votes
Accepted

Answering crown bail with coronavirus

The very first thing Bob should do is call his doctor to see if he needs medical treatment. The second thing Bob should do is call his lawyer (solicitor and/or barrister), who will be familiar with ...
Nate Eldredge's user avatar
3 votes

Why is the bond for a $500 fraud identical to that for a more than $20 000 fraud?

Bail schedules In the United States, bail bond amounts are commonly set in accordance with a local bail schedule. According to Moving Beyond Money: A Primer on Bail Reform, published in 2016 by the ...
sjy's user avatar
  • 9,286
3 votes

How often is bail money returned?

Bail money doesn't really work like a loan. Bail, or bond, is a guarantee to the court that you will appear to answer for your charges. It can only be taken if you fail to appear or abscond. This is ...
Attractive Nuisance's user avatar
3 votes

Is Patty Mayo's Youtube content legal?

Another issue not discussed is that he is technically making a "Citizens' Arrest" which is a lawful arrest by a non-deputized citizen of a person who is breaking the law. In Common Law districts such ...
hszmv's user avatar
  • 23k
2 votes
Accepted

Dosso case in Pakistan

The Loya Jirga is essentially an inferior court: their judgment was overturned by the High Court. There is no appeal beyond that. You can read the ruling here: the underlying issue regards continuity ...
user6726's user avatar
  • 215k
2 votes

Is Patty Mayo's Youtube content legal?

He isn't a real bounty hunter. The people that he apprehends are actors that can be booked through talent websites. He is doing this for entertainment purposes only. Proofs: https://youtu.be/9IgS8cnP-...
Tyrone Jones's user avatar
2 votes

Legal consequences and conviction for celebrities

Are celebrities subject to the same laws as poor people such as, let's say, not paying taxes or any other equal-level crime? Yes. Sometimes laws are enforced less harshly as a matter of law ...
ohwilleke's user avatar
  • 220k
2 votes
Accepted

Difference between bail and bail bond?

Basically, defendants who immediately secure their release with money are bailed out. Defendants who secure their release with collateral (property or a promise to pay) are bonded out. From findlaw....
BlueDogRanch's user avatar
  • 18.9k
2 votes

Does pre-trial detention exist only because of a resources constraint?

Suspects are considered innocent until found guilty in a court of law. So detaining them even for one day needs a justification. Holding the trial instantly is not feasible from the prosecution or ...
o.m.'s user avatar
  • 18.3k
2 votes

Why was Anne Sacoolas not committed for contempt of court?

"Her excuse was that her employer had instructed her to do this": this is a seriously deficient description of the situation, apparently either misguided or willfully disingenuous. Her &...
phoog's user avatar
  • 37.8k

Only top scored, non community-wiki answers of a minimum length are eligible