New Hampshire News

Court: Judges can set high bail if defendant’s a flight risk

By KATHY McCORMACK
Associated Press
CONCORD, N.H. (AP) — New Hampshire’s new bail law allows judges to set bail at an amount a defendant can’t afford solely if that person is a flight risk, the state Supreme Court said in an opinion released Friday.

The court was asked to interpret the statute, which was amended last year, in the case of Christina Hill. She was charged with possessing drugs and selling them while she was released on bail on other charges.

At the bail hearing on the new charges, lawyers for the state requested that Hill be jailed while she awaited trial. They said she had a criminal record dating to 2007, including convictions of violating the terms of her probation. Hill’s lawyer said it wasn’t necessary to detain her before trial because she’s not dangerous.

The judge decided that releasing Hill wouldn’t be dangerous. However, the judge ordered that before she could be released, Hill had to pay $25,000 cash bail. The judge determined that if a lower bail amount were set, there was a risk Hill wouldn’t return to court for trial.

Hill couldn’t afford that amount, her lawyer said, arguing the court would then have to jail her. The lawyer said that was a violation of the bail law, which says a judge may not detain a defendant before trial simply because he or she can’t pay it. The judge said a judge may set bail at any amount that will ensure the defendant returns to court, regardless of the ability to pay. But in Hill’s case, the judge reduced the bail amount to $10,000.

Hill’s lawyer appealed to the state supreme court. In a unanimous opinion, the court found the law didn’t preclude a judge from setting unaffordable bail when it determines that a person poses a flight risk.

“Of course, if the legislature disagrees with our statutory interpretation, it is free to amend the statute, as it sees fit, within constitutional limitations,” the court wrote.

Last year, New Hampshire’s Legislature approved sweeping bail reform measures over concerns that suspects were being jailed because they couldn’t afford bail. People suspected of low-level offenses are released, if a judge determines they are not deemed a danger.

Additional changes were enacted this year, including the creation of a bail commission.

Avatar photo

As your daily newspaper, we are committed to providing you with important local news coverage for Sullivan County and the surrounding areas.