News Flash

MCAO Latest News

Posted on: June 1, 2015

U.S. Supreme Court to Allow Bail for Undocumented Criminal Suspects in Arizona

PHOENIX – Rejecting Arizona’s experience with Defendants fleeing prosecution, the U.S. Supreme Court will let stand a decision by the Ninth Circuit Court of Appeals that permits criminal suspects in Arizona without lawful authority who are charged with serious felony offenses to be eligible for bail and possible release into the community. The decision overturns a nearly 10-year-old law that was originally passed by a ballot initiative known as Proposition 100.

“By declining to hear a challenge to the Ninth Circuit’s ruling, the high court is effectively permitting a federal appeals court to veto a law enacted to address specific concerns in Arizona,” said Maricopa County Bill Montgomery. “First, there is a concern that defendants subject to deportation by the federal government due to their immigration status may be deported when released from state custody on bail and not be present for further proceedings. Second, is my own firsthand experience in finding that defendants released on bail for a serious offense are far less likely to show up for court.”

Montgomery also noted key points raised in the dissenting opinion authored by Justice Thomas and joined by Justice Scalia. Justice Alito also dissented from the Court’s denial of review. “Among the troubling areas of concern raised in the dissenting opinion is the erosion of respect for actions by State legislatures with the related increased willingness for courts to substitute their own policy judgments. The Congress should also note that it is likely time to once again require the United States Supreme Court to review federal court decisions striking down state constitutional provisions,” Montgomery said.

Approved by nearly 80 percent of Arizona voters in 2006, Proposition 100 denies bail to individuals charged with serious felonies where “the proof is evident or the presumption great that the person is guilty of the offense charged” and “there is probable cause to believe that the person has entered or remained in the United States illegally.” Following its passage, the measure, now codified in the Arizona Constitution, Article II, Section 22 (A)4, withstood subsequent legal challenges in the Arizona Court of Appeals, the U.S. District Court and before a panel of three judges of the U.S. Court of Appeals for the Ninth Circuit.

In October, 2014, a limited en banc panel of the Ninth Circuit ruled the law was unconstitutional citing a lack of evidence indicating undocumented immigrants pose an unmanageable or significantly greater flight risk than lawful residents. The Ninth Circuit also denied a request by Maricopa County to stay the ruling pending a petition for certiorari to the U.S. Supreme Court.

###

Facebook Twitter Email

Other News in MCAO Latest News

Prosecutor

What is a Prosecutor?

Posted on: June 25, 2020
Man Vaping

Vaping Warning Signs for Parents

Posted on: June 18, 2020
Opioids

Help Prevent Opioid Abuse at Home

Posted on: June 16, 2020
Sunset Over Canal and Homes

Keep Your Home Safe this Summer

Posted on: June 4, 2020
Looking through a car windshield at night. The lights are blurred.

Don’t Graduate into a DUI

Posted on: May 19, 2020
Happy Mothers Day

Honoring MCAO Moms

Posted on: May 8, 2020
COVID-19 Stimulus Check Scams

Stimulus Check Scams

Posted on: May 7, 2020
National Law Day 2020

It’s National Law Day

Posted on: May 1, 2020
Angela Andrews

Collaboration is Key

Posted on: April 30, 2020
Inspiration in the Face of Adversity

Inspiration in the Face of Adversity

Posted on: April 24, 2020
Heather Kirka

Charging Ahead and Working Together

Posted on: April 23, 2020
Census form on flag

We All Benefit When We Respond

Posted on: April 16, 2020
Brittany Hogard

Keeping the Wheels of Justice Rolling

Posted on: April 15, 2020
Person typing on computer keyboard

Be a Smart Online User

Posted on: April 13, 2020
Avoid Coronavirus Scams

COVID-19 Scam Awareness

Posted on: March 30, 2020

Community Outreach Highlights

Posted on: March 1, 2020
Allister with Female Staff

Celebrating Women’s History Month

Posted on: March 1, 2020
2020 Census Advertisement - Shape your Future, Start Here

YOU Count: Fill Out the Census Today

Posted on: March 1, 2020

Update On Petersen Investigation

Posted on: December 11, 2019

MCAO Honors Our Veterans

Posted on: November 8, 2019

Dion Earl Found Guilty on All Charges

Posted on: August 22, 2019

MCAO Launches Community Grants Webpage

Posted on: August 12, 2016

Update on Green Acre Dog Boarding Deaths

Posted on: September 22, 2014

National Geographic - Taboo

Posted on: August 31, 2012