Pretrial release is based upon principles of contract law. In exchange for valuable consideration (being let out of jail), people submit to certain deprivations (most commonly bail, in this case, an alcohol monitoring bracelet). It has nothing to do with MADD. Drug offenders often are required to program and submit to testing, thieves are given stay away orders and are subject to search for stolen property. There are many problems with the criminal justice system in America. Reasonable restrictions related to the charge during pretrial release are not among them.
This I agree with. I was cursing our signing KPap for so much last year. I still don't know if I understand how signing a bad player to more money is good??? Oh well, it worked out!!
Completely disagree that letting someone out of jail on bail (to ensure appearance) in order to defend himself against a charge is a consideration. Last I checked, liberty can only be deprived after proving guilt beyond a reasonable doubt. From the Texas Constitution (not sure what Colorado's laws are): Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land. Now, you could make a case that defendants be given a choice such as $20,000 bail for a 2nd DUI without conditions or ROR with conditions. In that case, a consideration was given - lower bail. Otherwise, you are engaging in pre-trial punishment. There's no question that pre-trial punishment is not allowed under Texas or U.S. Constitutions.
Due course of law (which would seem to be the Texas Constitutions term for due process) doesn't require an adjudication of guilt beyond a reasonable doubt to allow for confinement. The US Supreme Court has held that a determination of probable cause is sufficient to confine someone until trial (speedy trial rights still applying of course). I am no expert on Texas or Colorado criminal procedure, but I can tell you that in California you have the right to be arraigned within 2 court days of your arrest, and to a preliminary hearing within 10 court days or 60 calendar days of your arrest. So yes, release from custody is valuable consideration in return for which the court can (and does) demand reasonable restrictions. It is unheard of (here at least) for the court to put no restrictions on release from custody beyond bail. At a minimum the court's release will be conditioned upon the defendant obeying all laws and court orders and appearing at the time and place directed. Often additional conditions apply. In the case of DUI, the most common additional condition is not to drive with any measurable amount of alcohol in the defendant's system.
