State v. Iglesias

The purpose of bail is to assure the appearance of the accused when it is the accused's duty to appear to answer the criminal prosecution. Whitty v. State, 34 Wis. 2d 278, 286, 149 N.W.2d 557 (1967); Wis. Const. Art. I sec. 8(2). The majority today concludes that bail posted by third parties on behalf of a defendant may be applied to fines imposed at sentencing. Because bail is being used in this case for purposes for which it was not intended and is thus "excessive," and because its use in this manner will have a chilling effect upon a defendant's constitutional rights to pretrial release, I…