The Early Bail Bonds System
In the early days of the US, bail
laws were based on that of the English laws, with a majority of the laws of the picked from there, the bail bonds is not an exception.
Money bail was developed from Anglo-Saxon period in England, which date back as 410-1066 BC, it’s a means of settling indifferences peacefully between the parties involved.
After independence in 1776, most states began to revise their bail laws, for example in section 9 of Virginia 1776 constitution, it states, “excessive bail not be required”. In 1785, there was an addition, “Those shall be let to bail who are apprehended for any crime not punishable in life or limb…but if a crime be punishable in or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail.
The sixth amendment to the constitution, with strong similarity to the Habeas Corpus Act of 1679, requires that a suspect must be duly informed of the nature and cause of an accusation. And also allow a suspect to ask for bail if the offense is bailable.
The accused will have to find someone who will stand for them as surety, who agrees to pay the settled amount if the accused fled. During this time, no money exchange is involved; the surety has to show they will be able to pay up the settlement if the need arises.
Hundreds of years, friends and family served as sureties for anyone accused of a crime. At the beginning of the 19th century, things began to change, in England and the United States. Industrialization begins to take shape, which causes many to be on the move and increase the difficulty to locate a family/friend to act as a surety.
In 1898, England passed the bail act to find ways to make the bail laws more effective and enables a suspect to appear more in court as required, to curb and prevent rise in crime scenes. The same year, the United State takes a completely different approach. The first bail bondsman starts operation in San Francisco, which eventually spreads across the country.
As Bail bondsman services kickstarts, most courts require a money bail to be paid in-full amount as a condition to granting bail. In the event the amount can be paid in full, most usually employ the service of bondsman to pay on their behalf. The bondsman expects full repayment of the bail amount plus interest.
With increase in bail amount issued by courts, it begins to differentiate and put a wide gap between who are able to afford it and who are not, the bail amount began to lose its purpose, it became apparent of who get their bail and move out of jail as fast as possible, and not a question of guiltiness and future appearance in court. The poor begin to lose their stands in the court regarding bails.
The 1966 Bail Laws Reforms
This call for reform, the bail reform Act of 1966 marked a complete overhaul of the bail system in the United States. The court having less power to unnecessarily detaining suspects but based their decision on factors, such as family ties, employment history, and past record of appearances in court.
In the event a suspect is unable to meet up the bail amount, they are covered by the law to some extent. 1966 also place lawyers on a greater pedestal as they are to produce more information about an arrestee, in the short time, before a bail hearing.
The 1984 Bail Laws Reform
Truly, a law has its loopholes and advantages, in 1984, there was a redress to the 1966 bail reform act. Which has well taken care of the exploitation of the poor, but there is a still a problem, criminals are able to hide under the poor protections to get bail, which means they will be still granted a bail, given there are no flight risk.
The 1984 bail reform put enable a suspect judged dangerous to its community to be held in custody till court hearings. It also did well by clearly differentiating the bailable and un-bailable offenses. If a crime is considered serious, a repeat offender or flight risks.
The bail Bonds Today
The bail bonds have improved over time, the bail bonds has become better and easier, that is why you need the service of a professional bail bonds agent. We know bad things at times happens to good people, getting stuck should not jeopardize your freedom, at the D Pros it’s our duty make the world around us a better one. Talk to us
today and we will be glad to be of help.