They say that Texas must change its bail laws or the Federal Courts will!
Jan 17, 2021
I got news for them, the 5th Circuit is the final Federal Court in Texas and they have in this opinion which is the law unless overruled by the Supreme Court set out the following:
- Schedules are constitutional if a defendant has a right to meaningful hearing with 48 hours if he or she wants to contest the bail amount.
- Wealth based bail is not itself unconstitutional. But the procedure to impose it can be. Examples: the defendants ability to pay is not considered; schedules without meaningful process to contest schedule amount; the bail setting authority can consider other considerations such as criminal record, facts of the crime and record of the defendant of previous releases on bail.