Term
| Ga. Code. Ann. 17-6-1. Court can make bail when |
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Definition
defendant
poses no significant risk of flight, threat to community, committing another felony, or intimidating witnesses/obstructing justice. |
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Term
| . Coffin v. United States (1895) |
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Definition
| presumption of innocence lies in favor of the accused but has no bearing on the determination of rights of pretrial detainee |
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Term
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Definition
| jailhouse practices during pretrial detention did not deny due process |
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Term
| Rocco v. State (2004)(GA) |
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Definition
| a person on bond is in constructive custody of the state, therefore, conditions of bond are appropriate where reasonable. |
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Term
| . Gernstein v. Pugh (1975) |
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Definition
| presumption of innocence has no bearing on rights of pretrial detainee; pretrial probable cause hearing is not a guarantee |
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Definition
| pretrial detention is not considered punishment |
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Term
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Definition
| failure to comply with the statutory interlocutory appeal procedures required dismissal of direct appeal; (you must appeal bail interlocutory if available) |
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Term
| v. Myers v. St. Lawrence (2011)(GA) |
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Definition
| - petitioner not entitled to bail as a matter of right |
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Term
| Jones v. Grimes (1964)(GA) |
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Definition
| amount of bail to be assessed is at the discretion of the judge, and in absence of clear abuse of discreation, TOC |
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Term
| . Constantino v. Warren (2009)(GA) |
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Definition
| court can grant bail only if it finds non- existence of four factors by statute. |
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