This is not to say that every defendant is entitled to such bail as he can provide, but he is entitled to an opportunity to make it in a reasonable amount. And it ought to be noted that this Court will not exercise its certiorari power in individual cases except where they are typical of a problem so important and general as to deserve the attention of the supervisory power.
Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. But an order fixing bail can be reviewed without halting the main trial -- its issues are entirely independent of the issues to be tried -- and, unless it can be reviewed before sentence, it never can be reviewed at all.
We submitted no constitutional questions to argument by the parties, and it is our duty to avoid constitutional issues if possible. Certainly it would be inappropriate to say now that any particular amount as to any particular defendant is either reasonable or excessive.
Rules Crim. Admission to bail always involves a risk that the accused will take flight. Posted by. We have heard the parties on only four specific questions relating to bail before conviction-two involving considerations of law and of fact which should determine the amount of bail, and two relating to the procedure for correcting any departure therefrom.
If the defendant is admitted to bail, the amount thereof shall be such as in the judgment of the commissioner or court or judge or justice will insure the presence of the defendant, having regard to the nature and circumstances of the offense charged, the weight of the evidence against him, the financial ability of the defendant to give bail and the character of the defendant.
While only a sentence constitutes a final judgment in a criminal case, Berman v. But there is little in our books to help guide federal judges in bail practice, and the extraordinary and recurring nature of this particular problem seems to warrant a discussion of the merits in which we would not ordinarily engage.