Frosh says unaffordable bonds may be unconstitutional

frosh has responded to a request for his advice from state delegates about whether maryland’s system of pre-trial detention is lawful. in maryland – a criminal defendant may be required in some instances to post a cash bond – however when that bond clearly exceeds the defendants ability to pay it – is it unlawful? 47 abc’s julian sadur has been working this story on our end – and joins us live now in studio with more. dave – bonds and conditions of pre trial release are set in an effort to make sure the defendant will show up for their court date — and also to protect the safety of the victim and the public. but attorney general brian frosh says if detaining the defendant is not justified — then it could be considered unlawful to set the bail too high to pay. track within 24 hours of your arrest in maryland – state law says you must be seen by either a judge or commissioner to determine whether you’ll be held on bail – released on your word that you’ll show for your court date – or whether you’ll be held without bail. a group of five delegates — all democrats — wanted clarification from attorney general brian frosh on the issue of bail-setting. and wanted to know whether maryland law requires a judicial officer to avoid setting bail that’s higher than what a defendant could pay. frosh says he thinks it does — and went one step further – saying the court of appeals – maryland highest court – would declare that the bail is excessive under the eight amendment of the us constitution. according to local defense attorney william hall – these unlawfully high bails can be common — and disproportionately affect lower income people. sometimes just because the judge has personal disposition against you – or the crime you committed – and because there are no guidelines on just how high bail can bet set. you have to remember that judges are human too and there are some judges that have their own personal prejudices . in some instances 220134 you might have theft of a candy bar but yet bond is set at $100,000 track hall says in his 20 plus years of practicing law – he’s even seen defendants spend more time in jail pretrial – than what the crimes maximum charge could be. so the solution? i think what we’re finally going to see is a hybrid system where there will be a computer program that the judge will take a look at the results from that and this computer program will rate defendants on whether or not they’re a flight risk now the best way to avoid unfair bail in the meantime hall says is to ensure an attorney is with you for your bond hearing. he says attorneys can be hired just for those occasions. however if you can’t hire an attorney and your public defender can’t make it to the hearing – he says defendants should know they can ask to their bond hearing to be continued until they get representation. dave – back to you. thanks julian if legislation were to pass through general assembly to change maryland’s bail system – the state would join a handful of other states including kentucky and new jersey which have enacted pretrial detention reform. a local man was found dead last