Is bail considered a punishment or is it just to secure that the defendant will appear in court? 12 Answers as of February 14, 2014

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
That question can only be posed by a person that has few financial resources.
Answer Applies to: Georgia
Replied: 2/14/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Bail or bond acts as a security or assurance that the defendant will appear in court when he is supposed to. Bond can only be assessed to reasonably assure this. It cannot be excessive or else it is punitive and bond cannot be a punishment.
Answer Applies to: Michigan
Replied: 2/3/2014
Universal Law Group, Inc. | Francis John Cowhig
It's to ensure that the defendant will appear in court.
Answer Applies to: California
Replied: 1/30/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
That would be the latter.
Answer Applies to: California
Replied: 1/31/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Secure appearance
Answer Applies to: Nevada
Replied: 1/30/2014
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    It's just to make sure the defendant shows up for court.
    Answer Applies to: Missouri
    Replied: 1/30/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The latter... to ensure that the defendant appears in court. It has nothing to do with punishment.
    Answer Applies to: Washington
    Replied: 1/30/2014
    Reza Athari & Associates, PLLC | Riana Durrett
    The purpose of bail is to secure the defendant's appearance at future court dates. The Eighth Amendment to the Constitute prohibits excessive bail and the Bail Reform Act sets forth further regulations and guidance on proper bail setting.
    Answer Applies to: Nevada
    Replied: 1/30/2014
    Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
    It is to secure attendance. But it can be considered unconstitutional if unduly excessive. State v. Sutherlin addressed that issue regarding the mandatory minimum bail amount for Ballot Measure 11 offenses in the State of Oregon.
    Answer Applies to: Oregon
    Replied: 1/30/2014
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    In Colorado, the purpose of bail is to secure you appearance at court- make sure that you are going to be there AND to protect the public. This is why you will see a lot of conditions to your bond release. If the conditions are outrageous and/or inappropriate your attorney should address that with the court at the next date for a modification. Failure to follow bail conditions can and most likely will result in additional chargers and cases.
    Answer Applies to: Colorado
    Replied: 1/30/2014
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    It is just to ensure that the person will show back up in court. It is not a punishment.
    Answer Applies to: Arizona
    Replied: 1/30/2014
    Chambers Law Firm
    Chambers Law Firm | Dan E. Chambers
    It simply secures the defendant's appearances in court until the case is over.
    Answer Applies to: California
    Replied: 1/30/2014
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