Legal Question in Criminal Law in California

violation of eighth ammendment

I was arrested and booked on six counts which I immedietley posted bail for. It cost me $3600 to post bail for three charges not included in the complaint. Having to post bail for charges not included in the complaint seems to define the term ''excessive bail''. Is this a violation of the eighth ammendment? I've found that getting a legal professional to take the time to provide an answer to a simple legal question can be very fustrating. I'd like to thank the attorneys of lawguru for their time. Thank you.


Asked on 8/27/08, 12:03 pm

2 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: violation of eighth ammendment

You posted bail based on the booked charges...I assume...DA review can add or delete charges based on their opinion...assuming you paid the 10% fee I would opine that: even if the Court lowers your bail you get nothing back from the bail bond company...at any hearing regarding bail the DA may ask for an increase...yes even though there are fewer charges than before...and sorry to say 8th Amendment litigation ( excessive means whatever the community seems to think it means at the moment) has been essentially fruitless in the last 30 years...meaning...the DA wins...sorry for the bad news...most counties have a bail schedule and if you are within the schedule chances of an excessive finding are remote...and if successful you win nothing>>>you are already out of custody.

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Answered on 8/27/08, 1:58 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: violation of eighth ammendment

You posted bail on the charges you were arrested for. The charges that a person is arrested for aren't necessarily the charges that they will be charged with in a complaint. After the arrest the District Attorney reviews the police report to determine the charges that will be filed which then attaches a bail according to the county's bail schedule.

Elena Condes

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Answered on 8/27/08, 2:42 pm


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