Vermont v. Pratt

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Defendant appealed the trial court’s requirement that he post a secured appearance bond in the amount of $25,000 with a ten percent deposit to be paid to the court. Defendant was being held for lack of bail, and he argued that the amount set by the trial court was excessive. Although a court must consider a defendant’s financial resources in determining conditions of release, the Supreme Court concluded that neither the U.S. nor Vermont Constitution nor the applicable Vermont statutes required trial courts to find that a defendant has a present ability to raise bail in the amount set by the court. "Although courts must consider a defendant’s financial resources when they set bail, courts may set bail at a level that a particular defendant cannot secure. In setting bail, courts must always be guided by the goal of securing a defendant’s appearance at trial, and should not set bail at an unattainable level for the purpose of detaining a defendant rather than assuring the defendant’s appearance." View "Vermont v. Pratt" on Justia Law