Constitutional Rights and Your DUI Case

In your DUI case, there are certain Constitutional rights to which you are entitled. Your Sacramento DUI lawyer will ensure that these rights are not violated as your case goes forward.

Bail will be set at your arraignment and your Sacramento DUI lawyer will explain to you what you can expect at this proceeding. The Eighth Amendment prohibits the court from setting an “excessive bail.” The term excessive in this instance does not relate to the defendant’s ability to afford it. In fact, the court may not set a bail at all and instead hold a defendant for pre-trial detention.

Pre-trial detention without bail is usually permissible when the defendant may get life in prison or a death sentence. If your Sacramento DUI attorney thinks the court may find that you are a flight risk or a danger to the community, he will explain to you that this may be reason for denying bail, as well. The court does this when it needs to ensure that the defendant will not miss a future appearance or to ensure the safety of others.

If you can be held without any bail whatsoever, then when is excessive bail considered unconstitutional? Your Sacramento DUI attorney will address with you what bail amount should be expected from the court. Bail is excessive when it more than what is actually necessary to secure your appearance in court. Thus, even if bail is an amount you can pay, if it is unnecessarily high, your Sacramento DUI attorney will argue that it is unconstitutional.

Due process exists to guarantee fairness in how justice is carried out. Obviously, the fairness of your case is of utmost importance to your Sacramento DUI lawyer. Therefore, if you are held indefinitely or excessively long, this will violate your due process rights guaranteed by the Constitution. Your Sacramento DUI attorney will present this due process violation to the court as a valid reason for your release.

As you can see, Constitutional considerations are important, but complicated, matters. It is vital that your attorney looks out for your Constitutional rights and immediately presents any violations to the court. Contact Sacramento DUI attorney Param Pabla for effective DUI representation. Call (916) 285-7900 today.