Arizona Court: $75M Cash-Only Bond 'Excessive'

Legal News Center

A $75 million cash-only bond for a father accused of sexually abusing his children was unconstitutionally excessive and denied him the opportunity to be freed from jail while he awaits trial, the state appellate court ruled.

The court already had sent the case back to Yavapai County Superior Court Judge Tina Ainley before issuing a formal opinion last week, explaining its decision. Ainley held a status conference Tuesday afternoon but did not reset the bond.

The appellate court said only a handful of extraordinarily wealthy people would be able to afford the bond the judge had set. It was perhaps one of the largest bail amounts on record in U.S. history. In comparison, Osama bin Laden's bounty was $25 million, and BTK killer Dennis Rader's bond was set at $10 million. Jeffrey Dahmer's bail was $1 million.

"Nothing suggests that (defendant) — an unemployed man dependent upon others for financial assistance — falls anywhere near inclusion within such an elite group," the court wrote. "Although Judge Ainley ruled (defendant) was bailable, the oppressive requirements she imposed effectively constituted a denial of bail."

The defendant, a longtime Sedona resident and Brazilian national, faces two counts of continuous sexual abuse involving his children. Prosecutors argued that he was a flight risk and said his children feared for their safety. A defense attorney said his client had no plans to flee the country and has maintained his innocence.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read