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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: D is charged with a bailable offense (maximum penalty not exceeding six years) and is arrested and detained. The information indicates the offense is bailable. At arraignment, the trial court denies bail on the ground that the accused is a flight risk and has no fixed address. D moves for bail again, arguing that bail is a matter of right for bailable offenses. (a) Identify whether bail is a matter of right in D’s case and explain the controlling rule. (b) If bail is a matter of right, what remedy may D seek if denial persists? If bail is not a matter of right, specify the proper grounds for denial. (c) Briefly discuss an ethical issue that counsel should observe in handling this bail matter.

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