RHODE ISLAND CRIMINAL DEFENSE A Practice Manual – Discretion to Set Bail

RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald

BAIL GUIDELINES, HEARINGS AND REVOCATION

Discretion to Set Bail

Witt v. Moran, 572 A.2d 261 (R.I. 1990). Setting bail is always within the court’s discretion, regardless of the offense, and cannot by prohibited by statute.

“Bail and the revocation of bail are within the judicial sphere of government and cannot be entirely delegated to the Legislature. Even if bail may be denied, therefore, the trial justice must exercise his or her discretion in deciding whether to grant bail and consider the factors that we set out in Abbott. In deciding whether to grant bail, the trial justice must make findings of fact on the record that relate to the individual defendant’s dangerousness.” Id. at 265.

<< Prev | Next >>

Back to Table of Contents

Call the Attorneys at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.
© John E. MacDonald. All Contents Copyright 2004-2011 John E. MacDonald. All Rights Reserved.

The contents of all material available on this Internet site www.AggressiveLegalServices.com are copyrighted by John E. MacDonald. ALL RIGHTS RESERVED. All rights are reserved by John E. MacDonald, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of John E. MacDonald.