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By Charles E. Gussow | Notice of Appeal | August 1, 2014
In State v. Barton, the Washington Supreme Court examined the mandate found in Article I, section 20 of the Washington State Constitution that criminal defendants “shall be bailable by sufficient sureties.” The Court interpreted the phrase to mean that a criminal defendant has the right to make bail by using a surety, i.e., a third party guarantor, should he or she be charged with a bailable offense; the trial court cannot require the defendant to post bail “in cash or other security” without allowing the alternative of posting bail through a third-party arrangement.