The story, published on her personal blog on Sunday night (Feb.19) local time, quickly began making waves in Silicon Valley.The high court overturned a 2002 Arizona proposition that prohibits bail for defendants accused of sexual assault, sexual conduct with a child under the age of 15 and molestation of a child under the age of 15.
Attorneys representing the petitioners successfully argued that the rule violated due process — the presumption that all defendants are innocent until proven guilty.“These defendants will be given the full protection of the U. In June 2016, a three-judge Arizona Court of Appeals panel ruled that non-bondable holds were unconstitutional until a prosecutor could convince a judge that no release conditions could effectively safeguard the community from an alleged sexual predator.
Maricopa County Attorney Bill Montgomery estimated at the time that there were 534 inmates in county jails who would be eligible for a hearing to determine bail.
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The no-bond provisions were appealed by two men facing similar sex-offense charges.
The state argued the gravity of the alleged crimes was enough to keep defendants in custody before trial because of the possibility of repeat offenses. Cabou, a Phoenix attorney who represented one of the petitioners.
The decision opens opportunities for hundreds of accused sex offenders potentially to be eligible for bail.
Provisions that categorically prevent judges from setting bail for all defendants held on allegations of sex crimes against those younger than 15 were "unconstitutional on their face," the justices ruled.
He was trying to stay out of trouble at work, he said, but he couldn’t help getting in trouble, because he was looking for women to have sex with.