Lopez-Matias v. State

Defendant was arrested and charged with possessing and attempting to use as genuine a forged social security card. Defendant was being held without bail, as provided in his arrest warrant. Counsel for Defendant subsequently filed a motion asking the trial court to release Defendant on his own recognizance or, alternatively, to set reasonable conditions for his release. The trial court overruled the motion pursuant to Mo. Rev. Stat. 544.470.2. Defendant sought review, arguing that section 544.470.2 violates article I, section 20 of the Missouri Constitution because the last sentence of the statute prohibits the trial court from considering conditions for a defendant’s release under Mo. Rev. Stat. 544.455 unless and until the defendant proves his “lawful presence in the United States.” The Supreme Court agreed, holding that the wholesale denial of pretrial release for an entire class of defendants under section 544.470.2 violates the right to reasonable and individualized bail set forth in article I, section 20. Remanded with directions that the trial court consider reasonable conditions for Defendant’s release using the individualized procedure set forth in Mo. Rev. Stat. chapter 544 and Mo. R. Crim. P. 33. View "Lopez-Matias v. State" on Justia Law