When someone you love is arrested, one of the first questions is whether they can come home before trial. In Idaho, the answer for most people is yes. The right to bail is protected by both the U.S. Constitution and the Idaho Constitution, and Idaho's court rules spell out exactly how it works. What the Constitution Says The Eighth Amendment to the U.S. Constitution says excessive bail shall not be required. Idaho's own constitution goes further. Article I, Section 6 states t