How is this legal?

rmoss9686

This guarantees thet you will appear for your hearing. If the authorities don't have this to hold over your head, many people would not show up for court. In cases where the "crime" was violent this is done to protect others from being harmed.

kurticus1024

yeah

I really thought it innocent till proven guilty.

Maybe ask a lawyer or a judge.

ilikechattin

All countries have different legislations. But I'm pretty sure it's the same in most places. The police have to have enough evidence to be able to issue a warrant for arrest. They are not convitcted, it is simply detaining them until further investigations are carried out.

Rahmanan

They are held in confinement until a hearing, usually very quickly, to determine if they are a flight risk or a danger to society until their trial. Should they prove to be either, or be unable to post a bond (guarantee that they will show for court) then they can be held until their trial. Generally, if they are convicted, any time they served in JAIL, prior to going to PRISON, will be deducted from the length of their sentence.

Jail is usually used to prevent the continuance of a criminal act. For instance, if you are in a fight, they will arrest you to end the fight, take you to jail and let you "cool off", or sleep off a drunk, before releasing you back into the wild :) In America, it is very seldom used by law abiding police forces as an actual punishment, as the ACLU would eat them alive. Prison on the other hand is where you go when you have been convicted of a crime and is a different sort of place than a jail.

Following your edit!!!!

The Constitution does not say you can't be arrested. It says that if you are arrested, you have the right to a speedy trial, and protection from excessive bail, and cruel and unusual punishment. PRESUMED INNOCENT refers to the type of trial we have in the US. It means that the onus is on the state/county whatever to prove your guilt, NOT on you to prove your innocence. You have taken your definition of Innocent until proven guilty and applied it to something it does not cover.

Stupid Marxist

Jail is the place you go while awaiting trial. You can be bonded out. Prison is where you go after conviction.

Don't confuse jail and prison.

Kat_RN

Obviously, a judge felt there was enough evidence to issue a warrant to arrest the person. You cannot charge a person with a crime until they are arrested. Of course it's legal. The person is then brought to court to face the charges. They can either plead guilty, not guilty, nolo contendre, etc... The judge then has the right to set bail or release the defendant pending trial. They are not going to prison for 25-life without being convicted. My god! Oh, by the way, bail money is sort of a promise of good behavior and a promise not to run away, if you can't post bail, they keep you.

Daniel A

when there is a warrant for someones arrest that means that the law enforcement authorities have reason to believe that this person is guilty. So they are aprehended.

Later they can post bail if granted and have their freedom limited so that they do not flee.

they can prove whether they are innocent or not during the court appearances.

It is not the law enforcement who decides if a person is guilty or not, it is the courts. If they were not arrested, they could easily escape and never be tried in court.

kindfirez

If they issued a warrant they likely have enough evidence to prove you are guilty, but let me get this straight are you suggesting that people that molest children, kill people in cold blood, etc etc should just be left alone until the trial is over??? Wow what a rish to society that would be. We try to keep the likely criminals behind bars so we arent victimized again and again. You wanna take your chances go ahead but not at the expense to the safety of my family.

Beau R

The person is being held on suspicion. They may obtain their release by posting a bond or bail, for an amount calculated to make them return to court, when scheduled. Some crimes, there is no bail for, as they are considered to be so heinous, that a person would not wish to return for a trial, or that releasing the person would endanger others. Upon returning, the person will receive the bond, or bai amount back, or if using a bondsman, he will only pay for a percentage of the bond, which the bondsman put up to insure his return.

FRAGINAL-NOYPI

Only a person with a warrant can be arrested. Afterwhich, a case must be filed against the suspect within the required period as provided for in the law depending upon the crime committed. When a case is filed, the suspect can go out on bail while the case in being tried.

gandamack1

its called arrest and detention before trail....and posting bond to appear for that trail.....jeeeze man,once the system has decided there is enough evidience to indicate a crime has been committed and that person may have done it (preliminary and grand jury),he is arrested and has to post bond to make sure he comes back for trial....You know what bounty hunters are,right?..Dog and all them...they bring back people who post bond and dont show up....how many do you think wouldnt show up if there was no bond at all?....damn man,get a life and wake up......

Ray

he's detained in jail for the duration of his trial. He's there to ensure that he will be present during the trial and not frustrate the process by escaping. He is however allowed to post bail (although in some jurisdictions there are crimes that are considered "non-bailable" although the accused can still post bail if it is not a capital offense and the evidence of guilt is weak). Posting bail will allow him to be at liberty during his trial.

swanjarvi

Within 24 hrs, a charge has to be framed: or else release from custody is the individual right of the suspect.

dap244

The simple answer to your question is that this scenario is legal because the Stateâ€™s legislature has made it so. These representatives are giving the responsibility of balancing the individualâ€™s rights, with the rights and safety of the public. Thus, the reason why it is a good idea to temporarily hold suspects is for the following:

1.)If the individual is deemed a flight risk, then it is just and moral for the State, in order to see justice carried out, to temporarily detain the person until a trial can be held.

2.)If the individual is deemed a danger to the public, then it is just and moral to isolate that person from society. Example, a child rapists for instance. If a man is running around raping children, donâ€™t you think itâ€™s a good idea to take him off the streets for the publicâ€™s safety?

3.)If this person was not taken off the streets and placed in jail, the victims of his suspected crimes may want revenge. Thus, once again, it may be good to separate the individual from society temporarily.

In my opinion, it is both rational and moral for the State and justice system to do these things. If you think differently then you would require an entirely different justice system, society, and human nature. Sorry, but itâ€™s the truth.

rainwater

First off ' if ' they have enough to warrant picking you up and detaining you,
then,
they have enough 'proof' to imply that you may have done something.

They will not keep you for more than the allowed time (24-72 hours depending on where you are) because they do not want a suit filed for illegal detainment.

misspipik

u r correct. go rob a bank, easy money.....when the cops show up just explain it to them . they are government employees so they should let you go every time. but hurry up. now everybody will do it and there will be no more money left to steal. WOW, simple solutions from simple minds

kysteelgirl

That is the way our system works...why would anyone want our country to be lawless...can't anyone see what being a lawless society does....certain proof is 20 million illegal alien criminals in our country....

One lesson you obviously have not learned......If you can't do the time, don't do the crime

Team Chief

It's called "pre-trial confinement" and is perfectly legal. What are they supposed to do, arrest you and then let you go so you can skip out on the charges? That's what the bail bond system is for...when you get arrested you're taken into custody and secured, first in a patrol car and then in a holding cell until you're arrainged. At arraingment, you either post bond and go home, or you don't post bond and stay in jail. Either way, the confinement is legal.

If he was picked up with a warrant he did do something wrong and is put in jail pending a bail hearing. Was his bail denied?

joeofdover

the situation you described does not sound legal unless the person was proven of a crime they can't go to jail.

Marques de Valdegamas

AS a suspect, you can be arrested.

But this is why the right of habeus corpus is sacred (Mr Bush!)!
You cannot be indefinitely held without hearing what you are accused of, with a chance at bail and the right to defend yourself in a court of law.

Irish John Lennon

ask george bush,

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