If you are seeking bail, a criminal defense attorney in Fort Worth may discuss constitutional issues related to this subject. These arguments may help you receive bail or a reduced amount of bail.
The Eighth Amendment to the United States Constitution prohibits excessive bail. However, a criminal defense lawyer in Fort Worth can explain that this does not prohibit the court from detaining a person before trial without bail. This may be completed in certain cases, such as when the maximum punishment is life imprisonment or execution. Additionally, this does not prohibit the court from requiring detention without bail if there are no conditions that would reasonably assure that the defendant will later appear in court.
In setting a particular amount of bail, the court cannot make bail higher than the amount reasonably calculated to ensure the defendant will appear in court or serve another purpose such as protecting the community. This allows the court to set the amount of bail beyond a defendant’s means. However, if the bail amount is more than is necessary to ensure the defendant’s appearance, a lawyer may be able to make this constitutional argument.
In a limited number of cases, an attorney may be able to argue that a lengthy detention before trial violates the defendant’s right to due process. He or she may argue that the defendant should instead be released. Courts cannot detain a defendant for months or years on end without a trial. If the defendant’s detention is excessively long, his or her attorney may argue that he should be released as his due process rights have been violated.
If you would like to learn about other constitutional bail issues, contact a criminal defense attorney in Fort Worth such as Bryan Hoeller at 877-208-3382.