new bail law to be argued

Delaware's new bail law, which I wrote about here last week, is unique. And some have claimed that it's unconstitutional. The controversy surrounding the law was the focus of a proceeding today in Superior Court. The judge hearing the case has requested written arguments, and attorneys, including one representing a bailbond company, have four weeks to be file them with the Court.

The defendant has pending drug and weapons charges, and was released from jail on bail for those charges. He was brought into Court today on a new drug charge. Under Delaware's law, the bail for the previous pending charge is revoked because of the new charge. The defendant is required to be held without bail. The law also gives the State the right to seize the bail posted on the original case. The bail law applies to "violent" felonies. A number of drug charges in Delaware are classified as violent felonies.