Fraud Claims

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Kentucky Fraud Claims Attorneys at Gary s. Logsdon & Associates

The Eighth Amendment to the U.S. Constitution explicitly prohibits “excessive bail.” The term “excessive bail” is not defined in the Constitution and the Supreme Court has weighed in on what it means, holding that bail cannot be set so high as to be a ploy to force a defendant to remain in jail. But, Court has also ruled that the Eighth Amendment’s bar on excessive bail does not create a right to any bail—a court may refuse to release a defendant at all under certain circumstances. In conjunction with his vast know-how, our company leverages the robust legal expertise of working in different courts.

Once a defendant informs the court, through a bail reduction request or otherwise, that she cannot afford the bail set, the court must specify the reason(s) that the amount set is “an indispensable” condition of release from jail. (U.S. v. Montececon-Zayas, 949 F.2d 548 (1st Cir. 1991).) The court must set out its rationale in writing. (Fed. Rule of App. Proced. 9.)

Penalties can add up to large amounts of money and prison sentencing in proportion to the financial losses caused by the fraud. An attorney with experience in white collar and fraud defense can help not only in defending against the charges but also in reducing the penalties.

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