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BAIL Bonding is the second oldest profession in the world, and may have originated because of the first. Our modern criminal law is based on the old English Common Law. In earlier days of crimes against the King or in present day, of crimes against society; the accused/perpetrators were required to either set it out in jail until their case came to trial or make some guarantee to the King of the court that they would appear for trial.
Old English law would hold the guarantor responsible not only for the accused to appear in court, but would hold them responsible for the punishment as well, if the accused failed to appear. Over time, the guarantee has changed from life and liberty to property and money.
Modern BAIL has evolved through the years to protect the accused as much as the victim. In America, our Constitution guarantees everyone a trial, and considers everyone "innocent until proven guilty in a court of law". Even though a person may not have yet been found guilty by the courts; law enforcement and jail personnel do treat the accused as though they are guilty. Our Eighth Amendment guarantees everyone, "reasonable bail", while the person awaits trial. Reasonable is at the discretion of the court. A judge or magistrate normally sets BAIL.
In setting or denying bail, the judge or magistrate's first concern is for the protection of the public, followed by the seriousness of the offense and previous criminal history or record of the accused. Other considerations in setting BAIL, are the accused persons stability in the area, their employment history and their likelihood of flight.
When an individual is arrested for a crime, the person is typically taken to a local detention facility for booking, prior to incarceration in a lock-up facility. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case.
The Bail System is designed to guarantee the timely appearance of a defendant in court. Bail is also an insurance policy for the state, that the defendant will appear to face charges. Further, the legal intent of release on Bail is not to relieve the defendant of obligations; it is the courts intention to maintain control over the defendant until justice can be administered.
In most states, the accused coordinates their own BAIL, usually through a Bail Agent. Bail Agents are independent business people licensed through the state, registered with the counties, and authorized through the courts to write BAIL in their jurisdiction, to a certain amount.
For further information, contact BAIL BONDS PLUS at (316) 265-1595
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