If probable cause exists for all of them, there is no legal difference, at time of arrest, between "those who did possibly conspire in a felonious manner from those who obviously did." The government has no duty to distinguish between those two groups. All that's needed is probable cause. Your position is that the complaint is sufficient, and that there is probable cause of a felony offense for all accused.
A million dollars bail is legal, you say. Stupid, but stupid isn't illegal.
If the police have probable cause for a felony offense, one can and should be arrested. The time it takes to sort out the bail amount doesn't matter (within the time window we are dealing with so far) if the bail is set legally in the first place.
I'm just not seeing the civil rights claim under your propositions. No violation of due process for want of probable cause, and no violation in setting bail at a million dollars. If one is justifiably under arrest, and can't make justified bail, then there is no deprivation of rights by being held in jail.
Had most still been incarcerated, as I thought they were, my argument would have been.
“Arrest them, sweep everyone up? Ok.
But it took you 30? 60? 90 days to know my clients were totally innocent? That’s simply wrong.”
I would have argued, like in Nifong, at some time, very early in case, LEOs knew Defs were not guilty, and Nifong knew it too, but as an agent of the state kept going.
Even worse, in this Tx case, State kept them in jail, etc. But with almost all out of jail, that fails as an argument for big $amages.
No new fur for Ms. CPE !
So sad. :)