Scotland Yard was maintaining an arrest warrant for him, based on the violation of his bail.
Ralph Sivilla, a deputy California attorney general, said the government had believed that Mr. Hsu was not a flight risk, based on the amount of his bail, his promise to relinquish his passport to the court and the fact that he had turned himself in.
But it is a perversion of justice to automatically detain someone accused of a crime, who otherwise might qualify for bail, based on the person's legal status in the country.
The state's statutory scheme requires judges to set bail based on the defendant's risk of not showing up in court, but it prohibits judges from considering the threat he poses to the public.
The lawsuit specifically calls out Harris County's use of a bond schedule, which determines a standard bail amount based on the offense.
At a bail hearing on Friday, a judge raised Officer Torres's bail to $1 million, based on the allegations of pending additional charges, but scheduled a hearing for Monday at 1 30 p.m. in District Court in Berks County, Mr. Missan said.
If the court tries to set a bail amount that far exceeds the bail schedule for the respective offense, then the defending attorney may also argue to lower the cost based on the accused's 8th amendment rights, which require that bail not be excessive.
On Aug. 24, the district court judge, James A. Parker, reversed an earlier order in which he had denied bail to Dr. Lee based on the government's assertions that he posed a grave threat to national security.
That is a common-sense view based on the fact that he has been given police bail with absolutely no conditions.
That prompted the judge to quickly rule, based on the serious charges, that Mr. Loughner was "a danger to the community" and ought to be held without bail.
