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How The U.S Bail Bond System May Change In The Future

A gavel, money, and handcuffs all sit on a table

If you read our previous blog, you’ll know that the current U.S bail bonds system is hundreds of years in the making. Ever since the 1400s (and perhaps long before that), bail bonds have been used to guarantee freedom for an individual based on the cash that they have. While we love the work that we’ve done for our community and our clients, we admit that the system is inherently flawed. Many people seem to agree, and change seems to be in the air for the bail bonds system. Here’s how the system may change in the future. 

Algorithm-based Risk Assessment

If the name sounds a bit crazy, we don’t blame you. When you hear the word algorithm, you probably associate it with a computer program or social media. But now algorithms can be used in the justice system, too. In California, the cash bail bonds system is being overhauled in favor of this new assessment, which uses various factors in your case to determine if you are likely to show up for court. This sounds good initially until you learn that judges have total discretion, so the biases against minority groups are made even worse in this system. A judge can simply claim that someone is a risk, and can hold them indefinitely. While the intent of this change is good, the implementation is very poor.

Non-Profit Support

Some non-profit groups are simply agreeing to pay bail for clients, and will work with them to make sure they go to court. This includes calling and texting clients for reminders, as well as providing transportation for those who can’t make their court date. Often, people plead guilty regardless of their actual guilt because they cannot afford bail. These non-profit organizations give individuals a chance to fight for their case, but it remains to be seen how this will expand to a national level. They have seen tremendous success though, with only 4% of people missing their court date in these types of programs. 

Best Bail Bonds in El Paso

We understand how the system can feel as though it is stacked against you. If you or a loved one is in need of assistance, Freedom Bail Bonds is there to help. Contact us today so we can get you out! 

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A Quick History Of The U.S Bond System

Vintage shackles rest on an old wooden table

For some countries, the U.S system of bail bonds may seem pretty odd. But you may be surprised to know that the system we know today got its start over a millennium ago. 

Crime in England

The practice of posting money in exchange for temporary release started in England around 1066 A.D, providing a way for people to not sit in jail while they awaited trial. Unfortunately, this practice meant that the rich had a significant advantage, since middle class and poor individuals didn’t have the capital to secure their release. Out of this need came bail bondsmen, who agreed to accept a percentage of bail and post the remainder in the charged party’s stead. Since then, bail bonds have been a way to even out the abilities of the rich and the poor/middle class to obtain temporary release. 

Bail Bonds in the U.S

Bail bonds in the U.S were a fixture of life as soon as the first English settlers arrived on the mainland. Since then, several laws were passed on the state and federal level to ensure that the disparity between different economic groups was further minimized. The world of bail bonds has undergone a number of changes, and will likely continue to change drastically in the coming years. 

Get the Help You Deserve

An arrest can turn you or a loved one’s life upside-down. If you’re in need of a bail bond, call Freedom Bail Bonds today. We understand bail bonds and can get you out quickly and back to your life. 

 

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Five Facts About Bail Bonds You May Not Know

bailIf you find yourself in a position of needing to bail out yourself or a loved one, you know just how tricky and convoluted the process can be. It’s never as simple as they make it out to be on TV. If you need to bail out a loved one, knowing these five facts about bail bonds can help you better prepare for the situation ahead. At Freedom Bail Bonds, not only can we help with bail bonds, but we also want to be sure that all of our clients are well-educated on the topic at hand. Check out these five facts about bail bonds to learn more and to see how these facts may affect your case.

Fact #1: Paying the Bond Yourself Isn’t Always the Best Route

Many people think they’ll just pay the bond and be done with it, but it doesn’t always work that way. Paying the bond may require you to pay in increments for one large fee or different fees at different times. On top of that, it can be rather costly, leaving a large dent in your finances. Your best bet is to go through a bail bonds company.

Fact #2: Collateral May be Different Things

Collateral may be a number of different things, including items you may not think about. Keep this in mind if you know you will be required to put up collateral for a loved one.

Fact #3: It Doesn’t Always End With the Court Dates

People tend to think they’ll pay bail and then show up to their court date and everything will be peachy. However, what they may not know is that they may also be required to take education and training courses, appear at numerous court dates, and do other things that they might not think about.

Fact #4: Bail Isn’t Always Necessary

In some cases, bail isn’t always necessary! Surprising, but true. However, if you do need to pay bail, we’re always here to help.

Fact #5: A Bail Bonds Company Can Help You

Sometimes, when you need to bail yourself or a loved one out of jail, you might not have the funds or the collateral to. A bail bonds company, like ourselves, can help you bail a loved one or yourself out of jail. If you’re in need of this kind of assistance, Freedom Bail Bonds is here to help. We understand how stressful this kind of situation can be. Give us a call today so we can get started helping you!

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What Texas Can Learn From California’s Changing Policies on Bail Bonds

bail bonds

California is known for its unique culture; a lot of music, art, and the fashion that comes from the West coast. It is not only its culture that makes the state different, however. As its own state, California has also passed its fair share of policies and laws that are quite different from anything we see here in Texas. We thought we’d take a look at a recent law that passed in California that left a trail of controversy and discussion about bail.

On October 1st, 2019 the new law signed by Governor Jerry Brown that will effectively end cash bail in the state of California will go into effect. The Governor of the state signed the law in late 2018, amidst a flurry of controversy, criticisms, and also praises.

What Exactly Does the Law Entail?

When a person is accused of a crime, there is usually a lengthy process before they see their day in court.  So rather than requiring defendants to pay cash bail before being released as they await trial, their release will hinge on an assessment of their risk to public safety.

The fair trial, of course, is a very important right guaranteed by the Constitution of the United States. Why? Because every person in the United States is innocent until proven guilty and our entire justice system really hinges upon this very important principle. This is important to keep in mind. In a recent post, we went through the history of the 8th amendment and why that is important.

What are the Dangers of the New Law?

Critics of the law point out that this new risk assessment system might simply keep more people in jail. So before someone is convicted of a crime, they might have to spend months in the county jail, causing them to lose their jobs, lose their schooling, cause rifts in the family, hardship with children, etc. Imagine you are a person working full time that supports a family. Suddenly you are accused of a crime but have yet to be convicted in trial. In the meantime, someone decides that you might be a risk and therefore you are to stay in jail for six months. In this time, your job will be gone and your family will suffer incredible hardship without the breadwinner.

Other critics say that the law does not guarantee a significant reduction in the number of people detained in jail while awaiting trial. Proponents, however, argue that the law will take economic standing out of the equation and treat suspects equally under the law.

So Who Decides Whether You Are a Risk To Public Safety?

With the new law, your release will be under the discretion of public officials and, apparently, software and algorithms. According to The Guardian newspaper, there will be software in place that helps decide whether a person is a flight risk or not. These will decide whether, based on your past behavior and other factors, you are likely to skip out on jail or not. In other words, your freedom is at the discretion of local law officials.

The contention is that most suspects accused of a nonviolent crime might be deemed ‘low risk.’ Those accused of more serious offenses might be deemed ‘high risk’ and therefore might stay in jail until their trial comes. The law is still unclear, however, as to other factors being taken into consideration and which suspects fall into which category.

The bail bond industry in California will surely suffer after the new law. There are approximately 7,000 Californians that will lose their job in the industry once the law takes into effect. This is certainly one consequence of the bill that is not being so readily discussed. Many small business owners and bail bondsman will suddenly be out of a job.

Why Freedom Bail Bonds Still Has Your Back

Getting into trouble with the law is a very stressful situation. The story is always more complicated than it seems on the surface. Waiting for trial is equally as nerve-wracking and spending that time in jail can completely turn your life upside down.  Freedom Bail Bonds is here to help you when you need it. Give us a call.

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A Look At the 8th Amendment & Why It Is Important

 

The Founding Fathers had incredible foresight. They managed to create a system of government that was not only effective, but that resisted mob rule encouraged a well-read citizenry and demands/protects man’s basic freedoms. The system they left continues to be a well-structured system of government for a prosperous representative republic.  Although many Presidents and policymakers have often misinterpreted the framers and created laws that are not always consistent with the founding principles, this country still holds it’s Bill of Rights and amendments in very high regard. Let’s take a look at the 8th amendment and how it might apply to you today.

8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, no cruel and unusual punishments inflicted.

This amendment essentially has two main components. The first deals with excessive bail fines for a defendant that has yet to see his full and official day in court. The second is the component of cruel and unusual punishment, which prohibits the use of cruel punishments— the language has always been a point of debate; for, how does one measure cruelty or the state of being unusual?

The Roots

Like a lot of things in America, the bail law was derived from Anglo-Saxon England. In this time period, however, justice functioned a lot differently. Unlike today, criminal justice was handled privately; family members were expected to avenge their loved one’s death/crime. A private citizen could actually kill someone that was sentenced to “outlawry.” Gradually this brutal system turned to one that bartered money instead of chaos. The system evolved, but people often faced a common problem about how to keep the accused nearby while they await trial. That is, how do they keep them from disappearing?

In medieval England, the sheriffs had discretionary power on how to set bail. This system was ripe for corruption, bribes, and special favors. In early America, the colonists brought with them their enlightened ideas of law and justice along with previously held laws in England. Slowly, the framers formed their own conception.

The Reason for Bail

Part of the reason why bail exists today is to ensure the appearance of an accused individual at trial. It basically keeps the person in the same jurisdiction and ensures that they will show up to court when they are scheduled. The Framer’s thinking behind the 8th Amendment was partly to ensure that localities didn’t set bail excessively high—although this did not mean that bail had to be particularly affordable or even available to everyone.

Ongoing Debate

There has always been a strong debate about the bail law. Most recently the debate has argued that bail amounts often make it difficult for low-class individuals to comply and is, therefore, a discriminatory law.  It is important to point out that the Framers never specified that there was a right to bail, but rather that the amount shall not be set excessively. In many cases, they left it up to the legislature to decide just which crimes could be bailable. Some attack money bail as unconstitutional not fully comprehending the reasons behind its actual implementation.  

How It is Determined & the Varying Factors

A judge can actually refuse bail for a number of reasons. This can be due to excessive criminal history, a bad record of court non-appearances, and misconduct, etc. Judges can also consider a defendant’s financial status although it is not necessarily required. Some misdemeanors will have standard bail amounts, but the judge also has the discretion to raise or lower them based on circumstances and other factors.

Trust Freedom

The modern commercial bondsmen began emerging at the turn of the 20th century. Getting arrested is no picnic. There are probably a thousand questions popping up through your head in those moments. You don’t want to spend any time in jail as you wait your trial. Freedom Bail Bonds wants to help you to be secure in your wait until your court