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  1. #2
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    Sep 2005
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    Default Re: Excessive Bail Charged, in Violation of the 8th Amendment to the U.S. Constitutio

    First and foremost, nothing you have posted indicates that $50,000, $35,000 or $85,000 would be excessive.

    Second, it sounds like the original case was dismissed, and odds are the bail from that original case was refunded to the bondsman.

    Third, you were able to quickly post bail, undermining the argument that the amount was unreasonably high.

    Fourth, despite having many opportunities to do so, the U.S. Supreme Court has never explicitly incorporated the Eighth Amendment's provision pertaining to bail to the states, with only dicta (statements not part of the court's holding, and thus not of precedential value) supporting that position, so your only recourse is through (a) state law, (b) the state constitution, or (c) battling the issue up to the U.S. Supreme Court and convincing them to revisit the issue and clarify their position.

    The rest depends on the details, so if you're serious about pursuing this you'll need to discuss them with a civil rights lawyer.

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