Bail
When someone is arrested, they must be brought to the court quickly for an arraignment This is a non-evidentiary hearing where the prosecutor must justify the arrest, however briefly. Defendant will be asked to plead, guilty or not guilty. An . arraignment is also a bail hearing.
jy Bail is the opportunity for the defendant to post a sum of money in return for being โreleased from police custody (jail) with a promise to return for future proceedings.
The 8th Amendment offers criminal defendants the right to ball, with certain 1-'. limitations. So there is a “conditional55 right to bail- If defendant can post the money,, or the equivalent in property, he will be released from pre-trial detention.
Bail is a “rebuttable presumption,” defendant is presumed to have the right to bail, unless prosecutors can rebut the presumption with a showing that defendant is a “danger to the community,” or a “flight risk-”
The court can examine, for example, defendant’s character, financial resources, community ties, the circumstances and evidence in the case, and defendant’s criminal history.