this post was submitted on 05 Oct 2024
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No Stupid Questions

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If you have money, you can pay the bail and get released, while poor people can't.

I don't see why people with money should get benefits in the legal system?

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[–] setsneedtofeed@lemmy.world 7 points 1 month ago* (last edited 1 month ago)

cannot be set higher than an amount that is reasonably likely to ensure the defendant’s presence at the trial

That is a sentence that you can really roll over in your head. It does not necessarily also mean an amount within the resources of the defendant. I watch a lot of hearings, and something I've seen at least a few times is a set of allegations and past facts (usually something like multiple failures to appear in the past, and/or fleeing from police) in a situation where the actual charge being bailed on has a statutory requirement that bail be offered. The judge doesn't want to let the person out on bail, so therefore sets the bail at $1 million or something which is functionally the same thing as not giving them bail.

Usually this triggers a motion for a hearing about the bail amount by the defense lawyer to argue down the amount, but if the court date on the charge is earlier than court date for the motion, it becomes a moot issue.