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Is this violating his 8th ammendment right?

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aquadolphin1968

Junior Member
What is the name of your staColorado

My husband was arrested and posted bond. While he was on bond an officer issued a warrant out for his arrest because he was listening to the jail phone calls and overheard someone saying that my huaband pulled out a gun on her. My husband posted bond but then was arrested the day after for violating the conditions of his previous bond. The judge revoked his first bond and reset it at 500,000 and charges weren't filed against him yet. Charges were eventually filed but then dismissed for lack of evidence. We thought that the judge would reinstate his bond since the only reason it was revoked were because of these charges that were dismissed. Is this violating his 8th ammendment right by setting excessive bail? The only reason we feel that the judge set it so high is because my husband had posted his previous 2 bonds that amounted to 200.000. Also can the judge deny reinstating his bond when the charges were dismissed?te?
 


BelizeBreeze

Senior Member
aquadolphin1968 said:
What is the name of your staColorado

My husband was arrested and posted bond. While he was on bond an officer issued a warrant out for his arrest because he was listening to the jail phone calls and overheard someone saying that my huaband pulled out a gun on her. My husband posted bond but then was arrested the day after for violating the conditions of his previous bond. The judge revoked his first bond and reset it at 500,000 and charges weren't filed against him yet. Charges were eventually filed but then dismissed for lack of evidence. We thought that the judge would reinstate his bond since the only reason it was revoked were because of these charges that were dismissed. Is this violating his 8th ammendment right by setting excessive bail? The only reason we feel that the judge set it so high is because my husband had posted his previous 2 bonds that amounted to 200.000. Also can the judge deny reinstating his bond when the charges were dismissed?te?
This entire diatribe and not once did you ever say why your husband was arrested in the first place.

Ya THINK that might be relevant??? :rolleyes:
 

CdwJava

Senior Member
His attorney can request a new hearing on bond. Until someone asks, the court isn't going to simply stand up and say, "You're free."

- Carl
 

seniorjudge

Senior Member
Q: Also can the judge deny reinstating his bond when the charges were dismissed?

A: Yes. Just because the charges are dismissed does not mean that he is innocent. There are several reasons that a judge can change the conditions of bail and your post appears to be one of them.
 

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