Is the Public Safety issue measured in the decision to admit a defendant to bail, or to deny Bail?
Bail can be denied in certain non-capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption of guilt is evidently great, bail may be denied in the following instances: In felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm to others. In a felony case, if the court finds on clear and convincing evidence that the accused has threatened another with great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. If there is existence of a substantial likelihood of public harm or danger to the community it would be determined on the basis of the specific circ
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- Is the Public Safety issue measured in the decision to admit a defendant to bail, or to deny Bail?
- Is The Public Safety Considered In The Decision To Admit A Defendant To Bail, Or To Deny Bail?
