My case state level, intent to sell/deliver/manufacture marijuana(F), maintain dwelling (F), and possession of drug paraphernalia (M). I had an FTA and I turned myself in but I was told by my bails-bondsman the papers he had said my bond was only 1500, I proceeded to the magistrate office and there I was told a completely different amount, my agent also stated my case showed district court on his papers but the magistrate stated supreme court now had the case and a supreme court judge set a 15,000 bail.
My agent said usually the bond only doubles on FTA/bench warrants, isn't 13 and a half times higher bail considered excessive and a violation of my 8th amendment? I asked him this but he didn't provide a reliable answer.
I do not see this as a violation at all. You need to counsel, if you have not already obtained one.
This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.
A $15,000 bond on a series of felonies isn't going to be considered excessive. And, while it is true they often only double on a FTA, the Judge can set it where he wants - and if it isn't the first FTA, or there are other circumstances, they will often raise them a lot more.
It sounds like you've been indicted, so you need an attorney for it to be in Superior Court. In addition, if you are posting, you are apparently out of custody, so any rights violation as to bond would be moot (and certainly wouldn't get you a dismissal). All a violation for excessive bond gets you is a bond reduction.
This is general advice only, nothing herein constitutes an attorney/client relationship.
That bond amount is FAR from excessive. Far from excessive. So, no, your 8th Amendment Rights were not violated. Not even close. Bondsman are not attorneys. He's probably never even heard of the 8th Amendment, but I promise you he knows the 2nd.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
As far as an 8th Amendment violation, my answer is that your rights probably weren't violated. In NC,the stated purpose of the imposition of a bond us to insure that you will appear in court. And apparently you didn't do so.
Failure to appear for multiple felony charges will cause any Judge to increase your original bond. Being charged with multiple felonies is going to make a $15K bond pretty much average anyway in most NC Counties. What also matters is whether the $15K was a cash bond or a secured bond.
Please make sure you retain the services of an experienced criminal defense attorney. If your cases are set in Superior Court, you need some expert legal advice.
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