At the time of this writing the United States, and the rest of the world, is embroiled in a pandemic of unprecedented proportions. The ramifications and consequences on society—both economically and socially— are yet to be fully seen. And yet, that doesn’t mean that the entire world has stopped. There are people who find themselves in a kind of limbo because they are awaiting their day in court. The debate around bail has once again surfaced during these times, as many people find themselves in difficult situations. For many people, bail bondsmen are still painted as the bad guys, but here at Freedom Bail Bonds, we have helped hundreds of El Paso residents continue with their lives as they await their day in court.
The Origins of the Bail Them Out Concept — Aimed to Protect the Individual and Society
Like many other traditions in the United States, the concept of bail also has its origins in the Anglo Saxon culture of England. When the United States broke from England in 1776, there was a lot that they left behind but there were also some traditions that were kept. The idea of bail was one of these and yet there were many changes to the way the English approached in comparison to the colonists.
The question of how to ensure that an accused person remains nearby in order to undergo their trial has always plagued people. Early on in English law, the accused was required to find someone to serve as their surety. This surety would agree to pay the amount of the victim fled. Today, a surety bond, for example, is used as an agreement between three parties. If bail is a bit much for the defendant to pay, a bail agency can help you through a surety bond. The idea works in a similar way. The bail agency acts as the surety, guaranteeing that the accused will appear in court. So the difference between a regular cash bond and the surety bond lies in the fact that a surety takes into account this third party. This means that the agreement is between the court, the defendant, and the bail agent. So a typical bond might see the accused paying about 10% of the bail amount and the bondsman the rest, but the surety lies in that the bondsman is then responsible in seeing the accused appear in their court date.
In medieval England, for example, local Sherriffs would have complete control and discretion to decide on someone’s ability to show up to court. The conditions or requirements with which a defendant could be detained or released before trial was subject to the whims of the local officials and no external data or evidence. Naturally, many local Sheriffs would abuse this power and use it for corrupt purposes.
In 1275, with the Statute of Westminster, the discretion of sheriffs was eliminated, but they still retained the ability to decide the amount and to weigh relevant factors against the defendant. It wasn’t until the early 17th century that bail underwent its next change in England. It happened when the King imprisoned a couple of knights with no just cause or charges. This brought forth the idea that a man could not be held without trial without specific accusations. This, of course, is an important point, as it would be unthinkable today that someone is arrested and put in jail without any actual charges on the books. The requirement of early articulation of the cause for arrest, it provided a defendant with knowledge of what they were being accused of and whether they would be eligible for bail.
The Bail System in America — The Ongoing Debate
In colonial America, there were a lot of remnants of English law early on. Slowly, however, states began to adopt a different way of doing bail and guaranteeing more rights to the defendant. The Constitution of Virginia, for example, was one of the first to state that ‘no excessive bailout to be required.” The discretion for some crimes was left to judges and other crimes, like manslaughter were deemed to be not applicable for bail.
And so there is an ongoing debate in America today about bail and the current bail system. Bail plays a role in the way that justice is carried out and that trials happen for accused individuals. The important thing to keep in mind is that the system is created in order to ensure that every defendant sees their day in court and that the full extent of the justice system can be enacted. After all, the United States judicial system is predicated on the idea that the individual is innocent until proven guilty. This means that the law in the U.S. put an inherent value in a person’s freedom while trying to safeguard the law.
So the bail system works to protect the accused and make sure their lives are not interrupted as they wait their day in court.
Get a Bondsman You Can Trust
The bottom line is, you have rights. The justice system guarantees a speedy and fair trial so that you can defend yourself against any charges. Sometimes this requires waiting some time for your day in court. During this time, you want to be able to continue your life as normally as possible. You don’t want to lose your job. You don’t want to leave your family. You don’t want to put your family responsibility to the side. The world continues to turn and getting a reliable bondman to help you post bail is a way to guarantee that you can continue as normally as possible until your day in court. Whether you are in need of a cash bond or a surety bond, Freedom Bail Bonds can help.