Pugh v. Rainwater (5th Cir.) – Equal Protection prevents indigent D’s from being incarcerated for failure to make $ bond where other means such as personal recognizance might work
Consequences of pretrial custody:  might lose job, harder to make defense, looked at differently (appear “more bad” because they couldn’t post bond), will give them time served instead of probation (so have record)
Timeliness:
must raise immediately b/c moot point post-conviction
Interlocutory Appeal:  if bail set improperly or excessive (abuse of discretion), can appeal to higher court even though criminal case is moving along