When I say federal law suit waiting to happen I mean; yes many district courts condone the use of bail menu schemes. However, they have not reversed the long standing holding that bail is to be set only after standing before a judicial officer in order to determine if the person poses a flight risk.
As far as I know, our highest court still holds that, 'any bail amount set without making determination is excessive.' Excessive bail is a violation of your 8th amendment rights
Once that substantive due process right has been granted, I imagine they could argue the jail staff can read the menu and put a number on paper but in no form or fashion can non-judicial jail staff be allowed to determine flight risk. Maybe that's how they do it there where it appears "they" can do anything they want regardless of what their own laws are, but if so, it's wrong.
Does the booking officer ask each and every person charged a series of identical questions each and every time?
A bit unrelated but, I probably should see if Texas has a Cite In Lieu of Continued Custody statute applicable to misdemeanants. My guess is if they do, it is likely violated daily by law enforcement with deliberate indifference.
Do you know if they do?
Does everyone charged with a misdemeanor in Texas get booked into jail having to post bail or are some issued Citations or Criminal Summons and only have to come in within say 10 days to be booked but not make bail, if they were not booked inside a data connected patrol car?
Who gets ROR or released on recognizance, no money unsecured bail?
That post was in reference to the protesters that were to be transferred to Tarrant County. Their charges were misdemeanors and bail is generally standard for such charges. So yes the booking officer can use those guidelines. My choice of words wasn't the best when I said the jailor can "set" the amount.