State v. Wood

Defendant appeals an order setting bail at $5,000 cash or surety (condition number 10, Condition of Release Order). The trial court set monetary bail solely because defendant was found to be a threat to the integrity of the judicial process. We reverse and remand.

I

On July 15, 1991, defendant was arraigned on a charge of assaulting his wife in violation of 13 V.S.A. § 1023(a)(1) (misdemeanor simple assault). The trial court set bail at $5,000 with conditions that defendant not possess alcoholic beverages or contact his wife.

Defendant was unable to post bail, and a bail review hearing was held…