Flashcards Studio

Facts: D is charged with a bailable offense (maximum penalty not exceeding six years). He is arrested and detained. The information states the offense is bailable. At arraignment, the trial court denies bail on the ground that the evidence of guilt is strong. D moves for bail again, arguing that bail is a matter of right for bailable offenses. Which of the following statements is correct? - Bail is a matter of right in all cases of bailable offenses, and any denial on the basis of strong evidence of guilt is improper; the remedy is an automatic appeal of the bail order to the Supreme Court. - Bail is not a matter of right because the offense is bailable; the court can always deny bail if it wants, and the remedy is to file a petition for habeas corpus. - Bail is a matter of right, except when the court finds the evidence of guilt is strong; in that situation, the court may deny bail; if denial persists, the remedy is to seek relief via a petition for certiorari or other appropriate writ. - Bail is a matter of right and can never be denied, regardless of the circumstances. - The grounds for denial include flight risk or danger to the community; strong evidence of guilt is not a recognized ground for denial. - The bail denial can only be reviewed on appeal after conviction. - The ethical issue is to maintain professional independence and avoid misusing bail proceedings for improper advantage.