An accused is entitled to pretrial release unless charged with a capital, life felony, or an offense punishable by life imprisonment. However, on an application for bond, the trial court must find that the proof of guilt is evident or the presumption great. The burden is on the State to meet this standard. The State is held to a degree of proof greater than that required to establish guilt beyond a reasonable doubt.
Further, where the State’s evidence is sufficient to convict for a capital or life offense but is arguably impeached in substantial respects by other evidence or is replete with substantial contradictions and discrepancies, the proof does not meete with substantial contradictions and discrepancies, the proof does not meet the standard. Accordingly, the accused in such a case would be entitled to pretrial bail as a matter of right for such offense.