COURT FINDS 26 MONTH PRETRIAL DETENTION NOT A VIOLATION OF DUE PROCESS

Antonio Briggs was arraigned on August 17, 2010 for his alleged involvement in a major multi-defendant, multi-count narcotics prosecution. On September 1, 2010 he was ordered detained without bail pending trial in the matter. Pretrial detention cannot be used for punitive purposes. Pretrial detention is only permissible to insure the defendant’s presence at trial or when a defendant is a danger to society. However there is a presumption in Federal narcotics cases where the maximum sentence is over ten years […] Read more »

JUDGE DENIES DOMINIQUE STRAUSS-KAHN BAIL

Dominique Strauss-Kahn, the managing director of the International Monetary Fund and an expected candidate for president of France, was arrested in New York City and charged with sexually assaulting a housekeeper at his hotel. Judge Melissa C. Jackson, supervising judge of the Manhattan Criminal Court denied Strauss-Kahn bail at a hearing, Monday on the basis that he is a flight risk. The judge took note of the fact that he was arrested while on an Air France airplane within moments […] Read more »

MARYLAND FINDS A RIGHT TO COUNSEL AT BAIL HEARINGS

A Maryland judge ruled that defendants have a right to be represented by counsel at the initial setting of bail. In Rothgery v. Gillespie County, Texas, the Supreme Court held, “a criminal defendant’s initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction,marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel.” In Maryland bail is decided by a commissioner. The hearings are […] Read more »