History Of Bail Bonds

In addition, the custom of granting bail bonds in the US is largely focused on the procedure that once existed in England. Most of the reforms in U.S. bail legislation also tackled the consistency of the bail amount provided by the court, in comparison to the seriousness of the crime committed. Connecticut Bail Bonds Group of Hartford CT is one of the authority sites on this topic.

The idea of offering bail bonds emerged from the need to insure that wealthy or poor prisoners had a level playing field to obtain a conditional release from jail. Only suspected wealthy enough to print cash or home is lucky enough to go cost-free before the custom occurred. Those who were poor risk sitting in jail for an indefinite amount of time, as they had no possessions to offer in exchange for their freedom. However, a few entrepreneurs recognized an opportunity to enterprise. We found that if they could have enough cash, they could take a percentage of the money of the defendant as bail protection, and then post the remainder as a defense to get the convicted out of prison. The business owners had the ability to earn a benefit by charging a fee for their operation, and by providing this brand-new program the first bail bondsmen had the potential to provide equal opportunities for all prisoners to obtain conditional release from jail.

Throughout England the Habeas Corpus Act was passed throughout 1679. This allowed judges to fix bail numbers. However for many suspects, the suggested bail rates were usually unrealistic and too costly. Ten years later, the Bill of Rights passed in English. It stated that “excessive bail should not be required, nor excessive fines should be imposed.” The eighth amendment to the Constitution of the United States, adopted as part of the Bill of Rights in 1791, is almost identical to that.

The Justice Act of 1789 was enacted, when America was still in its infancy. This act specified that non-capital crimes were bailable (those not punished by the death penalty). It also stated that if a capital offense was committed then the possibility of bail was at the discretion of the judge. Two years later they passed the Bill of Rights. The Sixth Provision was included in the Bill of Rights, specifying that offenders should be told about the extent of their offences. That means they have the right to demand bail if someone is accused of a bailable offence. The Eighth Amendment which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishment was also included.

In 1966, they passed the Bail Reform Act. Before this time, accused who were bad risked spending months in prison— just to have their costs dropped later— because they couldn’t afford bail. State head Lyndon B. Johnson, who signed the costs into law, offered some example of a guy who spent two months in jail before being acquitted, during which time he lost his job, his car and his household. He wasn’t able to find a job for a further four months after he was eventually released from prison. The Bail Reform Act assisted all offenders in leveling the playing industry, ensuring everyone had equal access to sensible bail amounts.

However, there was one major issue with the Bail Reform Act— a loophole that allowed all defendants, hazardous to the community or not, to receive bail as long as they were not seen as a risk to flight. This loophole allowed dangerous criminals to get bail and be released. 1984 Revised Bail Legislation repealed 1966 Bail Amendment Act. The New Bail Law states that if criminals are perceived to be a risk to the community, they can be held without bail. The New Bail Law also states that a bail hearing is to be held for the defendants eligible for bail.