Bail & Pretrial Release

Rulings about bail amounts, pretrial detention, and when a person may be held without bail before trial. Summaries from Criminal Defense Resources™ are general education for pro per/pro se defendants and families, not legal advice.

4 rulings, newest first.

• Simpson v. Miller

  Arizona Supreme Court · February 9, 2017 · 241 Ariz. 341 (2017)

  The Arizona Supreme Court held that Arizona's rule denying bail to everyone charged with sexual conduct with a minor under 15, when the proof is evident or presumption great, violated due process because it did not require an individualized finding that the person is dangerous.

  Bail / release

• Lopez-Valenzuela v. County of Maricopa

  9th Circuit · October 15, 2014 · 770 F.3d 772 (9th Cir. 2014) (en banc)

  The full Ninth Circuit held that Arizona's Proposition 100 laws, which denied bail to all undocumented immigrants charged with a wide range of felonies, violated due process because they were not narrowly tailored and did not provide individualized decisions.

  Bail / release

• United States v. Salerno

  U.S. Supreme Court · May 26, 1987 · 481 U.S. 739 (1987)

  The Court upheld the federal Bail Reform Act of 1984, which allows a court to hold an arrested person before trial if the government shows by clear and convincing evidence that no release conditions will reasonably protect others and the community.

  Bail / release

• Stack v. Boyle

  U.S. Supreme Court · November 5, 1951 · 342 U.S. 1 (1951)

  The Court held that bail set higher than an amount reasonably calculated to make sure the defendant shows up for trial is "excessive" under the Eighth Amendment. Bail must be based on standards tied to that purpose and to the individual defendant.

  Bail / release