15 results for 'cat:"Criminal Procedure" AND cat:"Bail"'.
J. Smiley finds that the trial court did not exceed its jurisdiction when it entered summary judgment against a bail bond surety. An already extended exoneration period had expired, the bond had been forfeited and the trial court then waited until after it denied defendant's motion to vacate forfeiture to enter summary judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Smiley, Filed On: April 22, 2024, Case #: A166580, Categories: criminal Procedure, Robbery, bail
J. Waples finds that the trial court's $5,000 bond was improperly imposed as a condition of the defendant’s release after he had made direct threats to kill witnesses and police. He was originally given a $130 cash bail or surety. The bond is struck because he has a record of appearing before the court and lacks financial resources; the matter is remanded to reset bond at a reasonable amount. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 16, 2024, Case #: 24-AP-090, Categories: criminal Procedure, Assault, bail
J. Hyman finds that this appeal challenging a provision permitting the trial court to impose jail time as a sanction for violation of a pretrial condition of release must be dismissed for lack of jurisdiction. Defendant argues she should be given credit against her future prison sentence, if convicted, for this jail time. However, she filed her petition as an appeal from an order denying pretrial release, and cannot explain how the denial of jail time credit fits within this category.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: April 10, 2024, Case #: 240031, Categories: criminal Procedure, bail
J. Ocasio finds that the lower court properly granted the state's motion to deny defendant pre-trial release on charges of aggravated battery with a firearm, to which the state later added charges of attempted murder. Defendant never posted bail when he was originally charged with just the weapons count, and is not eligible for pre-trial release under the new charges. Affirmed.
Court: Illinois Appellate Court, Judge: Ocasio, Filed On: February 1, 2024, Case #: 232163, Categories: criminal Procedure, bail
J. Goff finds that the trial court failed to fully determine defendant's ability to pay a fine and court costs. Indiana law allows courts to retain cash bail to cover certain court costs, but besides public defender and jury fees, the court must make a proper determination as to a defendant's ability to pay other court costs. Reversed in part.
Court: Indiana Supreme Court, Judge: Goff, Filed On: January 30, 2024, Case #: 23S-CR-232, Categories: criminal Procedure, bail
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Davenport finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release. Defendant never relinquished his right to an in-person hearing, nor did the court find that an in-person hearing would endanger the physical health of any participant. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: December 28, 2023, Case #: 230491, Categories: criminal Procedure, bail
J. Cates finds that the lower court improperly granted the state's petition to deny defendant's pretrial release on bail. Defendant was arrested and detained before the effective date of the Safety, Accountability, Fairness and Equity-Today Act, so the state's petition was untimely. Reversed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: November 13, 2023, Case #: 230698, Categories: criminal Procedure, bail
J. Moore finds that the lower court improperly granted the state's petition to deny defendant pretrial release. Defendant was arrested and detained prior to the effective date of the Safety, Accountability, Fairness and Equity-Today Act, and the state's petition to detain was therefore untimely. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: November 9, 2023, Case #: 230724, Categories: criminal Procedure, bail
Per curiam, the court of criminal appeals grants this petition for a writ of habeas corpus, in which the petitioner seeks the reinstatement of his $50,000 bail. The pre-trial detention hearing was reopened without the state moving for its reopening.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: September 22, 2023, Case #: CR-2023-0325, Categories: criminal Procedure, Habeas, bail
[Consolidated] J. Gill finds the circuit court improperly denied defendant's motions to dismiss 17 felony bail jumping charges he faced in his consolidated cases across at least three counties. In part because defendant's alleged bail jumping offenses were committed after he had been released from jail and re-arrested on a bench warrant but before he had returned to court, he no longer technically qualified as "having been released from custody" under Wisconsin's bail statutes, as a bench warrant being issued is among the types of court actions establishing that a defendant is no longer "released from custody." The circuit court's non-final orders are overturned and the case is remanded to dismiss the 17 bail jumping counts. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: September 19, 2023, Case #: 2022AP000658-CR, Categories: criminal Procedure, bail, Obstruction
J. Wiley finds that the trial court erred in ruling that a bail agent must forfeit a $100,000 bond. After the fugitive was caught in Mexico, the state delayed its extradition decision past the appearance period. The bail agent followed the bail rules and indecision by prosecutors should not result in an unjust forfeiture, so the trial court should have asked the state to announce its extradition decision or extended the appearance period. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 18, 2023, Case #: B322752, Categories: criminal Procedure, Sex Offender, bail
J. Bowes finds that the lower court properly denied a bail bondsman’s petition to set aside bail forfeiture in relation to bail he posted on behalf of defendant. The trial court was not required to obtain written consent from the bondsman before reinstating the bail. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: July 11, 2023, Case #: J-S15015-23, Categories: criminal Procedure, bail
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the detainee's petition for a writ of habeas corpus. Even though his claim regarding denial of bail after a bail bond company revoked his surrendered his surety bond may have merit, the proper method for pursing the claim would be a direct appeal of the trial court's decision. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 18, 2023, Case #: 2023-Ohio-1636, Categories: criminal Procedure, Habeas, bail