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The Court discussed conflicting choices on this issue from different states with the same or related constitutional provisions and concluded that money was a type of surety inside the discretion of the court. The dissenting Judge would have held that a surety is a 3rd celebration guarantor not a deposit of money and thus a right to bail with sufficient sureties meant the court docket had to accept an acceptable surety bond and could not insist on only money. Heath v. Kiger, 176 P.3d 690 (Ariz. 2008) held that a defendant released on her personal recognizance was “admitted to bail” for functions of an exception in the sufficient sureties clause of the Arizona Constitution. The Constitution provides that bail could be denied if the defendant has been arrested for a felony offense committed while admitted to bail on a separate felony charge.
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In United States v. Mena, 2006 WL (S.D.N.Y. May 10, 2006) the defendant was launched on a private recognizance bond co-signed by his spouse and two others. The court docket famous that hardship on the surety was not a grounds to cut back the bond and denied her movement. During the course of the case, the Court enjoined DHS from refusing additional bonds from the surety, and the events agreed to an Alternative Dispute Resolution agreement. In spite of the ADR agreement, DHS refused to produce certain documents.
Initially, his bankruptcy trustee sought to say the cash, but after the chapter trustee withdrew … Read More
