You won’t find many people, including the bondsman, who would argue that the current bail system is perfect. The desire to improve the system, however, sometimes generates some pretty extreme proposals, including the idea of ending cash bail altogether. But because such notions are often vaguely defined and fail to provide practical alternatives to bail they usually fall flat on their face.
Except in California, where a lack of fair, cost-eff...
The Founding Fathers incorporated many common law principles, traditions and concepts into the legal structure of the new nation. So it was no real surprise that bail - which had been a common law staple for nearly a thousand years - wound up being included in the Bill of Rights where the 8th Amendment states unequivocally that “Excessive bail shall not be required…” Today, there is a robust debate underway over just what constitutes “excessive...
While the 8th Amendment to the Constitution protects the accused against “excessive” bail it doesn’t really go any further than that. There are no other mentions of bail in the Constitution, no explicit right to bail spelled out or guidelines for the various states to follow. Just a quick mention that “Excessive bail shall not be required…” That’s it. As a result, the nature of bail is different as you move from state to state. Some states have...
There's no good time to get arrested - but some circumstances can feel much less convenient than others. If you're arrested on a Friday night, or with a long-awaited vacation just around the corner, you're almost certainly wondering what your rights are in the shortterm or how long it'll take to put this process behind you. Until they’ve had their day in court, a person who has been arrested has done nothing wrong as far as the law is concerned....
Police in the US made more than 13,000,000 arrests last year. Many of those arrests were for infractions that required a person to be bailed out unless they wanted to spend perhaps months in jail while awaiting their day in court. Most people are familiar with the concept of bail although many harbor misconceptions and questions about how it actually works - or the risks you face when you legally agree to a...
Unlike many things to do with the justice system the bail bonds process is actually pretty straightforward. Should a person run afoul of the law for whatever reason and wind up in jail, they contact a bondsman who, after examining the facts, posts a bond that allows the accused to return home while awaiting their day in court. The bail agent keeps an amount equal to a percentage of the bail as a fee for their services and when the legal proce...
While just about every American adult has heard about bail it’s still a widely misunderstood part of the criminal justice system. Many people think that if someone is arrested they are read their Miranda rights, given a phone call and someone shows up at the jail with cash to bail them out. Actually, most people are never read their Miranda rights (because they only apply if the police are planning to interrogate someone), many are never given a...
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