In re Scott CA4/3
Seeking a writ of habeas corpus, Randal Letcher Scott challenges the trial court’s order setting his bail at $750,000 with an implicit affordability determination that Scott could “choose to post bail” or remain behind bars at his election. In admitting Scott to bail, purportedly at his option, the court impliedly determined Scott did not pose such a public safety or flight risk that he should be precluded from release pending trial. Under such circumstances, the governing constitutional and statutory provisions, including due process safeguards against arbitrary treatment and excessive punishment, require that the bond must be fixed with a view to giving the prisoner his or her liberty. As we explain, the record does not support the court’s determination Scott could secure his release with bail at $750,000. The record is to the contrary.
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