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

What Can Impede a Quick Jail Release After an Arrest?

an empty jail cell signifying quick jail releaseIt’s everyone’s worst nightmare: you are arrested and find yourself facing the prospect of spending the night in jail. There are many reasons you may get arrested, from simple misdemeanor or bench warrants to more serious crimes. After your arrest, there is a process that is followed which can arrange for you to get quick jail release: posting bail. However, there could be a number of things that can actually prevent you from either qualifying for quick jail release or from being able to post bail. At Freedom Bail Bonds, we’re here to give you a little more information on these processes.

How Do I Post Bail?

When you are initially arrested, you are read your rights, processed through the police system, and given a phone call. The best use of this phone call is to your family, your lawyer, or a close trusted friend. Depending on your crime, there are two ways you will be able to post bond:

  • For most common and minor crimes, there is a list of pre-set bail amounts. This makes the process simple, since all you have to do is find a bail bondsman, pay the amount, and get out of jail. Quick jail release is pretty standard and simple in those cases.
  • For more serious crimes, you will have to be put in front of a judge. Unfortunately, in these cases it can take some time for you to be able to see one. In fact, there are cases where the police may even decide to arrest you on a Friday, therefore impeding your ability to see a judge until the following Monday. In these cases, the term “quick jail release” should be viewed in terms of days instead of hours.

How is Bail Decided?

As we mentioned, for more common crimes, there is a set bail amount that you can usually pay and get a quick jail release. For more serious crimes, a judge will decide what a fair amount for bail is. For serious drug crimes, murder, and other violent crimes where flight is a very real possibility, the judge will be within their rights to set a high bail amount.

In What Circumstances Can Bail be Denied?

In the cases of serious crimes, the judge can decide that bail can be denied. This is usually the case if the crime in question is murder, violent assaults, and other similar crimes. In cases the accused is deemed a continuing danger to the community or an especially determined flight risk, bail is also usually denied.

There are times that bail can be denied for different reasons, usually called “red flags”. These can include:

  • The suspect is not a US citizen, therefore a serious flight risk.
  • The suspect shows no regard or respect towards the court.
  • The judge is told by a credible source that the suspect will not show up to court if released.
  • The suspect has a history of missing court dates.
  • There is a confirmed mental impairment and there is no one to supervise the suspect if released.

Contact Freedom Bail Bonds for Quick Jail Release

Whether or not you fall into the categories above, you have every right to fight for quick jail release after you are arrested. Freedom Bail Bonds provides fair and reliable bail bonds in El Paso, and can help you get out of jail quickly. Let us help you post bond- contact us today!

3 Things To Do After Being Arrested

Close up of a man's hands in handcuffs after being arrested for a misdemeanorGetting arrested can be a terrifying thing no matter the circumstances. Often the arrest can happen in a whirlwind of events. This only makes the whole situation more uncomfortable and confusing.  Of course once you are sitting in a jail cell the first thought to enter your mind is usually “How do I get out of here?”. Well there are several things you should do after being arrested that can help get you released faster. One of these is getting bail bonds from a trusted source. In El Paso, Freedom Bail Bonds has helped many people get out of jail quicker and easier.

Get Info on Your Charge

First things first, you need to find out what you are being charged with. This makes big difference in how much bail money you might need, or if you will even be allowed to make bail. For example, having  misdemeanors charges gives a better chance of getting out of jail then a criminal charge. While these two charges might sound similar they are very different. For example misdemeanors usually have penalties and little to no jail time attached to it. Typically you find out what your charge is fairly easily. Either the officer in charge of your arrest will inform you, or a court attorney will tell you. By law, if you ask they have to get the info to you.

Contact A Relative

Once you know what your charge is, you need to contact a relative or someone you trust to come get you. This is where you should make us of the ‘one phone call’ you are allowed. If you have a criminal charge leveled against you, then it might be wise to get a lawyer right off. If you have misdemeanors charges against you, then advise your contact to get bail.  

Make Bail

Lastly, you will want to get bail bonds to get out of jail. Even if the fee or penalties is on the lower end, bail bonds offer security and peace of mind. When you find a good agency they can help you get your loved out of jail, even if you do not have the full amount required. They often have different options to pay, including putting up collateral.  

Contact Us Today

Ending up in jail is never a convenient thing. As most business close early in El Paso, getting help can be super difficult. This is why Freedom Bail Bonds is available to help you out 24/7. No matter the circumstance, we can help you get your loved one out of jail sooner. Visit us today to get the help you need.

Types of Misdemeanors and Their Penalties

hands in handcuff behind backBeing arrested for a misdemeanor, while may not be as serious as other charges, can still come with heavy consequences. If a loved one is in jail for any reason, you probably want to get them out as quick as possible. The circumstance does not change, even with smaller charges. While the charges and penalties are smaller, you will still want to seek out bail bond assistance to avoid jail time.

What are the Penalties for Misdemeanors?

As you may already know, there are different levels, known as classes, of misdemeanor crimes.

Class A – These are the most serious types of misdemeanors. A conviction of a Class A is punishable with the most severe consequences. This can include up to $4,000 in penalties and up to one year in jail. Resisting arrest, a second DWI or assault with bodily injury are a few examples of this kind of crime.

Class B –  These are the second class and less severe than Class A. Class B are punishable with up to 180  days in jail and fines up to $2,000. A first DWI, criminal trespassing, and vandalism are just a few examples.

Class C – Class C are not punishable by jail time. A person can still be arrested for a class C crime and fines can be up to $500. Sometimes a judge may order community service time.

What Can Be Done

If your loved one has been arrested for misdemeanor crimes, you can seek out the help of a bail bond agency to get them out of jail. While the bond, fees and jail time might be less severe, it is always good to have the peace of mind that bonds can offer.  It is as simple as contacting the right bail bond agency and getting the process started. While you may not have the full amount required that is set by the judge for bond, you can still get your family member help. A bail bond agency will pay the bond while you put up collateral in the form of property. The fee you pay is only a portion of the actual bond.

Contact Us Today

At Freedom Bail Bonds we offer 24/7 help. If you have found yourself in an emergency situation, are bondsman can help you get your loved one out of jail. We know all too well emergencies never happen at a opportune hour.  Be sure to contact us for more information.

Quick Jail Release After Being Arrested

A happy free man (age 40) holds unlocked handcuffs in front of the camera. When you have a loved one in jail, the first thing you want to know is how to get them out of jail quickly. The last thing you want is your loved one to spend any amount of time behind bars. We all know that accidents and unforeseen incident happen at times. Going through a bail bond agency in El Paso for quick jail release is the best way to deal with this situation.

How Does Bail Work?

Bail is cash or a bond that a loved one gives the court on behalf of the arrested person to promise that this person will appear in court on the given date. Unfortunately, if the arrested person doesn’t show up to the given date, the court will keep the full amount of the bail and a warrant will go out for a second arrest. A judge is the one who sets the bail amount. This is usually based on the crime, a previous record and other standards as well. The courts are well aware that many people prefer a quick jail release so that their loved ones can get out as soon as possible. For this reason, many jails have a standard bail schedule. This gives a specific amount for certain crimes.

How Does a Bail Bond Work?

If a person does not have the full amount to pay the bail, they can turn to a bail bond agency. The agency will issue a bond for quick jail release. They usually keep a percentage that is paid for offering this service. The agency does assume a large risk. Because of this, they require those that are getting a bond on behalf of a loved one to use a piece of property as collateral. This is a further guarantee that the person in jail will show up to court.

Contact Us Today for Quick Jail Release

When you turn to Freedom Bail Bonds, you are turning to the experts. We actually offer 24/7 service, because we know that these types of emergencies never happen at a convenient hour. we also offer quick, reliable service with affordable fees. if your loved one has found themselves in a bad situation and needs a quick jail release be sure to contact us right away. Give us a call today. One of our friendly staff members will be happy to answer your questions or get you started on a bail bond.