If you have been arrested, here is some important information from an experienced Grosse Pointe criminal defense lawyer concerning bail.
A Grosse Pointe Criminal Defense Attorney Addresses the Constitution’s Provisions on Bail
Your Grosse Pointe criminal defense lawyer is fully conversant with the United States Constitution’s specifications concerning bail and can quote the Eighth Amendment which provides that “Excessive bail shall not be required…” and due process of law must be followed.
Your Grosse Pointe criminal defense attorney can advise you that you may be held without bail prior to your trial if your crime is one for which you may, if convicted, face incarceration for the remainder of your natural life or execution. This is referred to as preventive detention and is permitted regardless of the terminology contained in the Eighth Amendment. Furthermore, if it is fairly certain that incarceration is the only way to guarantee your presence in court or it is determined that you present a danger to the general population or a specific individual, you can be held in preventive detention.
Your Grosse Pointe criminal defense lawyer can explain that under the Eighth Amendment, excessive bail is bail set at a figure higher than is reasonable in order to guarantee that you will appear in court at the appointed time and accomplish such other functions served by posting bail, as in providing for the safety of the local population. That the amount may be more than you have funds to cover is not enough to make the amount excessive under the Constitution. Conversely, if the bail amount is set as stated above, it may be ruled unconstitutional regardless of your ability to pay.
Your Grosse Pointe Criminal Defense Attorney Addresses Due Process
If you have been held for an extended period of time with no justification given and no trial, your Grosse Pointe criminal defense lawyer can cite that as an infringement of your rights in that due process of the law has been denied to you. In such a case he or she may be able to have you released on those grounds.
Your Grosse Pointe criminal defense lawyer can assure you that you cannot be held for extended periods of time with no action taken. They must either charge you and set events in motion to have you brought to trial or they have to let you go. Failure to do so constitutes a violation of your legal right to due process under the law, in that legal procedures have not been instituted.
Be Sure You Understand Your Rights
Protect your rights under the Constitution of the United States. Contact your Grosse Pointe criminal defense lawyer today by calling Timothy A. Dinan at 313-821-590, and get the help you need.