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Bail Fail Stories

Bail is supposed to be reasonable for the person who is trying for it.

If the person is a flight risk or likely to offend while on bail, then t should not be granted. Otherwise it should be reasonable and obtainable for the person
Imo there should be no cash bail. Cash bail keeps innocent poor people in jail and allows guilty rich people to walk free. If they are a danger to the community or a flight risk hold them, otherwise set a court date and let them go.
 
His one might well decide the NY governor race

Scandalous. From the article:

On Oct. 4, a judge issued an order of protection for Keaira....

Yeah...that really worked, your Honor :rolleyes:
 
I found this one instance
No, actually there are MANY instances....
our leading the world in incarceration rate.
We have alot of criminals. Because of a huge thug/criminal subculture.
There's no room in court or in jail.
Build more courthouses and jails. I'd gladly pay more taxes for them.
poor guy who's holding onto his job for dear life,
"Guy" shouldn't have commited a crime if his job and life was that important to him.
 


So the parents are blaming the DA for their son hanging out with an accused criminal who was speeding.


Perhaps, their son would be alive of he used his brain that hanging out with an accused criminal would potentially be a bad idea. Getting into a car with an accused criminal would be a bad idea. Perhaps his parents should have paid attention to who their son was hanging out with
 
Prior to shooting Cordero, McKay was most recently pursued by California authorities in March 2021 in connection with a felony kidnapping warrant. McKay was arrested after stabbing California Highway Patrol K-9 Sam, who took him down after his car was disabled by a spike strip, and he tried to flee on foot. The K-9 survived the attack.

Bianco said McKay was convicted of his third strike in November 2021 in connection with the above incident and should have been sentenced to 25 years to life in prison. Before sentencing, the judge lowered McKay's bail, which resulted in him being released.

He was then arrested for failure to appear at sentencing, where the same judge allowed for him to be released again, according to Bianco.



Another damn judge that needs to be kicked off the bench.
 
A thread for those stories where some state's "bail reform" or some criminal-coddling DA/Judge with a soft spot for crumbs of society has led to disaster.


Our first contestant is a crumb out on bail for robbery. Prosecutors asked for $100K, but a ***** judge kicked it down to $20K. Now free, our story's antagonist decided to climb the criminal ladder to the level of "assault & deadly weapon possession". And to show he's an egotistical freak, he's posting stuff on Instagram while on the run.
Should we eliminate all bail?
 
Should we eliminate all bail?
No. But more common sense should be used. For example, past criminal records should be taken into account, as well as the crime that was committed and how dangerous the person may be.
 
No. But more common sense should be used. For example, past criminal records should be taken into account, as well as the crime that was committed and how dangerous the person may be.
Why not eliminate all bail?


They do all that already
 
Citing court documents, the station reported that Hill set the bond at $1 to show how he felt about the state’s law that requires those accused of violent crimes to put up cash to get released on their own personal recognizance (PR).


Another judge that needs to be kicked off the bench.
 
A Texas man accused of murdering his friend in Harris County in March 2021 was released on a $100,000 bond, then picked up a charge for unlawfully carrying a weapon in November 2022 and was released on bond again, this time for $10,000, according to court records.

 
 
A couple more recent judicial disasters:

A Michigan man accused of killing his mother, stepfather and ex-girlfriend after being released from jail on bond has been charged with a fourth murder.



A California man was out on bond for a December domestic violence arrest when he allegedly killed his ex-girlfriend, according to police, who say there could be more assault victims.

-skip-

The 36-year-old has a history of violence against women, according to court records obtained by USA Today.

 
The GPS monitoring device that had been attached to Bakana was cut off at about 9:20 a.m. on Raab Road outside north Normal, according to Molly Alvis, a McLean County pretrial services officer.

-skip-

Bakana’s bond had been set at $2 million with 10% to apply and he was released in October, having paid $200,000 plus fees to be let out.


 
These threads never construct the actual argument. It's all left to implication based on the anecdote.

The anecdote is always "I found this one instance in which someone got bail and then went a'criming" If that's all you offer, you necessarily leave your principals dialed to 11. The direct implication is that people who were arrested for the original crime or something like it should not have had the option of posting bail.

That would not be a mere repudiation of bail reform. It'd be an expansion of what we had!

One of the most grotesque problems with bail is in relation to our leading the world in incarceration rate. There's no room in court or in jail. Cases take a while. We deliberately underfund the courts, then underfund public defense even harder. "Underfund" isn't the right word. So what are you going to do as a poor guy who's holding onto his job for dear life, is living behind-bills to behind-bills, etc?

A lot of people might say "I'd stay and fight! On principle!" They're probably thinking of their assets, and fact that they won't have to ever prove it because they'll be able to post bail. Let's be honest. Unless you actually have completely and utterly ruined yourself in a bet for freedom and you lived it until you clawed out, you have no idea what you'd do. And you wouldn't. Choice:

- Cop to misdemeanor (say, resisting arrest, maybe disorderly, or maybe a minor drug charge) and get out so you can maybe try to keep your job, while making sure you have your belongings, apartment, GFs/fiances/wives, etc.
- Demand your right to a speedy trial and wait for six months. Or a year. Or whatever. Because all sorts of actions by a defendant toll the speedy trial requirement, and the government also has a number of ways to force defendants into a position where they'll do one of those things if they wouldn't anyway.




But things are scary. It's easier to attack bail on a bet that it won't happen to you or your own. If you're of means, you're going to be able to post bail in all but the most gruesome cases filed against rich people. It's only those people who plead despite innocence so they can keep at least a little bit of their lives.
IMO bail should be only used as an incentive for the accused person to return to court for trial.
But considering how tight the finances of many are, paying any kind of bail might ruin them financially. (I could go off on a tangent talking about how ****ed up our economy is but I won't).
If court fees and bail would put the accused person in a worse financial position than before they were arrested, they should be waived in part or in whole, with the intent of preventing this financial change. IF that means they pay no court fees or bail, so be it.

If anywhere in our current system it is encouraged and/or financially viable to plead guilty even if innocent, that extremely unjust, and must be changed.
If this means we won't have enough judges and courts to handle all the cases, then we need to prosecute less cases or have more judges/courts. Or both.
 
IMO bail should be only used as an incentive for the accused person to return to court for trial.
But considering how tight the finances of many are, paying any kind of bail might ruin them financially. (I could go off on a tangent talking about how ****ed up our economy is but I won't).
If court fees and bail would put the accused person in a worse financial position than before they were arrested, they should be waived in part or in whole, with the intent of preventing this financial change. IF that means they pay no court fees or bail, so be it.

If anywhere in our current system it is encouraged and/or financially viable to plead guilty even if innocent, that extremely unjust, and must be changed.
If this means we won't have enough judges and courts to handle all the cases, then we need to prosecute less cases or have more judges/courts. Or both.
Indeed. Bail is horribly misused. It should be an insult to all Americans, but Americans tend to say "it's happening to those people, not my fam"

One can file motions to waive fees. Can't tell you about the success rate. I'm the dude trying to get them a new and hopefully fairer trial.

We need to massively beef up court funds. Like double them all around.
 
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