8/20/2008

Casey Anthony Getting Out on Bail

Leonard Padilla (here in Texas we still say "pa -dee - YA" not "pa -DILL- ah") is getting to be as famous as Dog "Duane" Chapman, with all the interviews he's doing about getting Casey Anthony out on bail ... and yet, here it is on Wednesday afternoon and Casey Anthony is still setting in jail.

Last night, on Nancy Grace, Padilla mentioned something about a ruling being needed by Florida's regulatory agency on his nephew's ability to do business in Florida and he also mentioned the SEC, interstate commerce, and civil rights .... This afternoon, on FOX.COM, mention is merely made of "paperwork" problems, with Casey Anthony remaining where she is.

As an attorney, I'll be amazed if there's an agency ruling on this issue in a 24 or 48 hour turnaround ... agencies have set schedules and calendars, due process requirements to meet for notice of hearing, and other time-eating requirments. Also, there's not any emergency need to expedite things here, to provide an exception to the general agency protocol.

If the family really wanted to get Casey out on bail fast, what could they do? Go get a local bail bondsman to handle things - circumvent this agency brouhaha. Padilla could do this, too, I think.

Of course, this opportunity has been open to the family since Casey Anthony was first arrested, of which they apparently have not taken advantage. Wonder why?

And on another issue, let's be clear:

the U.S. Constitution prohibits "excessive bail" in this country. It does not specifically give a right to bail, althought state constitutions or state or federal statutes may impose this right. For a good, succinct discussion of this issue, check out Justia.US, the U.S. Supreme Court's website, and its references to the high court's opinion in US v Salerno, 481 US 739 (1987).