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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

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.

When is Bail Unconstitutional?

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

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.

For an Attorney

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.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie