Under Humphrey, Judge Must View Bail Funds Truly Available

In determining a defendant’s ability to post bail, how must the judge evaluate a defendant’s assets? What if the assets are not convertible (liquid)? What if selling the assets to yield cash is virtually impossible or extremely time consuming? Can the judge consider the value of such assets in setting bail under Humphrey? To read a reported decision that addressed this issue, click on the following link, but note, too, that as of December 23, 2018, Humphrey is apparently being appealed, so citing to it is improper.



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