Bail Bonds Broward County bail Bonds Broward
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bonds Broward County
Bail Bond Info: History Of Bail

Bail is some form of capital which is deposited or pledged to a court in order to convince it to release an accused from a jail facility, on the understanding that the accused will return for trial or forfeit the bail ("skipping bail" is also illegal). Depending upon the court involved and the crime(s) of which one is accused. Bail is not always available it can be legally denied for an offense / charge which the governing legislature has determined to be non-bialable.



Roots of US Bail Laws

Bail laws in the United States grew out of a long history of English statutes and policies. The ties between the institution of bail in the United States is also based on the old English system. In attempting to understand the meaning of the American constitutional bail provisions and how they were intended to supplement a larger statutory bail structure, knowledge of the English system and how it developed until the time of American independence is essential.

Bail Law in England

In medieval England, the sheriffs originally possessed sovereign authority to release or hold suspected criminals. Some sheriffs would exploit the bail for their own gain. The Statute of Westminster (1275) limited the discretion of sheriffs with respect to the bail. Via the statute, bailable and non-bailable offenses were defined, however, the sheriffs retained the authority to decide the amount of bail required.

In the early 17th Century, King Charles I ordered noblemen to issue him loans. Those who refused were imprisoned. Five of the incarcerated filed a habeas corpus petition arguing that they should not be held indefinitely without trial or bail. In the Petition of Right (1628) the Parliament argued that, in violation of the Magna Carta, the King had imprisoned people without just cause.

The Habeas Corpus Act (1677) states, "A Magistrate shall discharge Prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion, unless it shall appear that the Party is committed for such Matter or offenses for which by law the Prisoner is not bailable."

The English Bill of Rights (1689) states that "excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. Excessive bail ought not to be required." This was a precursor of the Eighth Amendment to the US Constitution.

Bail Law in the United States

In Colonial America, bail law was based off English law. Some of the colonies simply guaranteed their subjects the protections of British law. In 1776, after the Declaration of Independence, those which had not already done so, enacted their own versions of bail law.

Section 9 of Virginia's 1776 Constitution states "excessive bail ought not to be required..." In 1785, the following was added, "Those shall be let to bail who are apprehended for any crime not punishable in life or limb...But if a crime be punishable by life 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."

Section 29 of the Pennsylvania Constitution of 1776 states "Excessive bail shall not be exacted for bailable offenses."

The Eighth Amendment in the US Federal Bill of Rights is derived from the Virginia Constitution, "Excessive bail shall not be required...", in regards to which Mr. Livermore commented, "The clause seems to have no meaning to it, I do not think it necessary. What is meant by the term excessive bail...?!"

The Eighth Amendment, to the Constitution, like the English Habeas Corpus Act of 1678, requires that a suspect "be informed of the nature and cause of the accusation" and thus enabling a suspect to demand bail if accused of a bailable offense.

The Judiciary Act of 1789

In 1789, the same year that the Bill of rights were introduced, Congress passed the Judiciary Act. This specified which types of crimes were bailable and set bounds on the discretion of a judge in setting bail. The Act states that all noncapital offenses are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge.

The Judiciary Arct states, "Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein."

The Bail Reform Act of 1966

In 1966, Congress enacted the Bail Reform Act of 1966 which states that a non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond, unless the judicial officer determines that such incentives will not adequately assure his appearance at trial. In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital offense, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger. In non-capital cases, the Act does not permit a judge to consider a suspect's danger to the community, only in capital cases or after conviction is the judge authorized to do so.

The 1966 Act was particularly criticized within the District of Columbia, where all crimes formerly fell under Federal bail law. In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again.

The Judicial Council committee recommended that, even in non-capital cases, a person's dangerousness should be be considered in determining conditions for release. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness and risk of flight when setting bail in non-capital cases.

A BREIF SUMMARY

Modern Bail can trace its historical roots back to English Common Law. Prior to the Professional Agents, people charged with crimes against the King were released pending their adjucation when others in the community would guarantee the person's appearance for trial.

At that time, those providing the guarantee would face the punishment of the accused if the accused decided to flee justice. Thankfully, over time, this evolved into a system where property would be pledged as a guarantee instead of one's life and liberty. When society recognized it needed secure promises of criminals making their court appearances, the Court (both State and Federal) developed a healthy history of Bail Law to guide those Professional Bail Agents. For a fee, these career professionals provide the guarantee to the court. They become the Jailer of choice to the arrestee, who pays for their fees. The individual taxpayer makes no contributions to the Bail Agency. In the surprisingly unlikely instances where the person fails to appear in court, the Professional Bail Agent is responsible for re-arresting the defendant and producing them in court.

Currently the bail system works in such a way that the criminals finance their own release from Jail. They pay the Bail Agency to become their Jailer of choice. They also have to provide substantial monetary guarantees either personally or through their family and friends that they will appear. This evolution has created a system where the jail space is opened up for more serious criminals. The criminals are held to answer for their crimes. All of this is done at zero cost to the taxpayers.


Sorry, Comments are not available for this article.
954-306-0990 Fax: 800-495-0658 Fort Lauderdale with many offices serving all Counties in Florida
Coral Springs Bail Bonds
Deerfield Beach Bail Bonds
Fort Lauderdale Bail Bonds
Ft Lauderdale Bail Bonds
Dania Bail Bonds
Miramar Bail Bonds
Southwest Ranches Bail Bonds
Pompano Beach Bail Bonds
Davie Bail Bonds
Hallandale Bail Bonds
Sunrise Bail Bonds
West Park Bail Bonds
Hollywood Bail Bonds
Lauderhill Bail Bonds
Tamarac Bail Bonds
Coconut Creek Bail Bonds
Plantation Bail Bonds
Bail Bonds Lauderdale Lakes
Broward County Bail Bonds
Bail Bonds Deerfield Beach
Bail Bonds Cooper City
Bail Bondsman Cooper City
Cooper City Bail Bonds
Cooper City Bail Bonds
Bail Bonds Wilton Manors
Bail Bondsman Wilton Manors
Wilton Manors Bail Bonds
Wilton Manors Bail Bonds
Bail Bonds Coral Springs
Bail Bonds Fort Lauderdale
Bail Bonds Lauderdale Lakes
Bail Bonds Ft Lauderdale
Bail Bonds Dania
Bail Bonds Miramar
Bail Bonds Southwest Ranches
Bail Bonds Pompano Beach
Bail Bonds Davie
Bail Bonds Hallandale
Bail Bonds Sunrise
Bail Bonds West Park
Bail Bonds Hollywood
Bail Bonds Lauderhill
Bail Bonds Tamarac
Bail Bonds Coconut Creek
Bail Bonds Plantation
Bail Bonds Broward County
Bail Bonds
South Florida Bail Bonds
Bail Bonds Parkland
Bail Bondsman Parkland
Parkland Bail Bonds
Parkland Bail Bonds
Bail Bonds Hillsboro Beach
Bail Bondsman Hillsboro Beach
Hillsboro Beach Bail Bonds
Hillsboro Beach Bail Bonds
Bail Bondsman Coral Springs
Bail Bondsman Deerfield Beach
Bail Bondsman Fort Lauderdale
Bail Bondsman Ft Lauderdale
Bail Bondsman Dania
Bail Bondsman Miramar
Bail Bondsman Southwest Ranches
Bail Bondsman Pompano Beach
Bail Bondsman Davie
Bail Bondsman Hallandale
Bail Bondsman Sunrise
Bail Bondsman West Park
Bail Bondsman Hollywood
Bail Bondsman Lauderhill
Bail Bondsman Tamarac
Bail Bondsman Coconut Creek
Bail Bondsman Plantation
Bail Bondsman Broward County
Bail Bondsman Lauderdale Lakes
Bail Bondsman
Bail Bondsman South Florida
Bail Bonds North Lauderdale
Bail Bondsman North Lauderdale
North Lauderdale Bail Bonds
North Lauderdale Bail Bonds
Bail Bonds Margate
Bail Bondsman Margate
Margate Bail Bonds
Margate Bail Bonds
Coral Springs Bail Bondsman
Deerfield Beach Bail Bondsman
Fort Lauderdale Bail Bondsman
Ft Lauderdale Bail Bondsman
Dania Bail Bondsman
Miramar Bail Bondsman
Southwest Ranches Bail Bondsman
Pompano Beach Bail Bondsman
Davie Bail Bondsman
Hallandale Bail Bondsman
Sunrise Bail Bondsman
West Park Bail Bondsman
Hollywood Bail Bondsman
Lauderhill Bail Bondsman
Tamarac Bail Bondsman
Coconut Creek Bail Bondsman
Plantation Bail Bondsman
Broward County Bail Bondsman
Lauderdale Lakes Bail Bondsman

South Florida Bail Bondsman
Bail Bonds Lauderdale_by_the_Sea
Bail Bondsman Lauderdale_by_the_Sea
Lauderdale_by_the_Sea Bail Bonds
Lauderdale_by_the_Sea Bail Bonds
Bail Bonds Pembroke Pines
Bail Bondsman Pembroke Pines
Pembroke Pines Bail Bonds
Pembroke Pines Bail Bonds