Question

question 12
sara, an 18 - year - old college student, uses cocaine occasionally and was just arrested after buying $200 of it. after spending the night in jail, she is ready to put this whole episode behind her. when she appears before the judge, she has a public defender representing her and the attorney has assured sara that this is no big deal as it was her first offense. saras bail is surprisingly high for her offense. in fact, her lawyer calls it excessive. what can sara and her lawyer do to change the situation?
○ a. request a police field citation release.
○ b. ask for ror.
○ c. enroll sara in treatment to reduce bail.
○ d. file a motion for violation of the eighth amendment.

Explanation:

The Eighth Amendment prohibits excessive bail. If Sara's bail is excessive for her offense (first - time, relatively minor drug purchase), filing a motion for violation of the Eighth Amendment is a legal option. A police field citation release is for less serious offenses and not typically used after arrest and bail setting. ROR (Release on Recognizance) is a type of pretrial release but may not be relevant if the issue is excessive bail. Enrolling in treatment may be a good idea for rehabilitation but is not a direct legal remedy for excessive bail.

Answer:

d. File a motion for violation of the Eighth Amendment.