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

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A Practice Manual, 4th Edition
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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.

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