Innocent Until Proven Guilty? The Effect Of Bail

As a criminal defense attorney, I hear cringe when I hear people talking about the criminal justice system use the phrase: "Defendants are innocent until proven guilty." As all too many criminal defendants have found out, this axiom is rarely true. The restrictions and burdens that are placed on defendants before they are ever brought to trial are often astounding. The worst of these is bail.
Bail typically arises after the defendant has been arraigned, usually at the same hearing. The

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