In their decision to charge, prosecutors must treat everyone alike. According to the Supreme Court, the Fourth Amendment requires that the police take suspects detained without arrest warrants promptly to a magistrate for a determination of probable cause. Most defendants are released on bail while they wait for trial. Of those defendants who are detained in jail awaiting trial, the usual reason for their detention is that they are considered too dangerous to release. Decisions on bail and pretrial detention require balancing community interest in bringing criminals to justice and the rights of individuals to be free.
Criminal defendants have an absolute right to bail guaranteed by the United States Constitution.
Jailed pretrial defendants forfeit their constitutional rights. Throughout American history, courts have ruled that the Sixth Amendment guarantees the right to retained counsel. In its interpretation of the Sixth Amendment right to counsel, the Supreme Court has defined indigency as meaning totally without financial assets. In regard to the decision to formally charge a person with a crime, although the prosecutor makes this decision, the police influence this decision I. by controlling the cases the prosecutors receive. I, II, III, IV b. II, IV c.