The history of bail bondsmen in the United States is long and storied. While the Eighth Amendment prohibits excessive bail from being set, much of our system for bail was borrowed from England. In fact, many are surprised to learn that bail statutes date back to as early as 1275.
- Statute of Westminster
In the 13th century, the determination of bail fell to sheriffs. As you can imagine, bail determinations were not always fairly distributed. That changed with the Statute of Westminster, which in 1275 took away the discretion of sheriffs to determine bail amounts and which offenses were bail-able. - Bill of Rights
Borrowing from the Virginia Constitution, the Eighth Amendment to the Constitution prohibited excessive bail. Like bail reform efforts in England before it, the Eighth Amendment governs the equal dissemination of bail and protects due process. - Taylor v. Taintor
In 1873, the United States Supreme Court ruled in Taylor v. Taintor that the person into whose custody an accused is remanded after bail has sweeping rights to the accused. Taylor v. Taintor is a landmark case that essentially legalized bail enforcement. From state-to-state, bail bondsmen have varying degrees of authority when it comes to bail jumpers, but it was Taylor v. Taintor that first began to outline that authority. - Bail Reform Act
Bail law in the United States remained relatively unchanged until 1966, when Congress enacted the Bail Reform Act. This required bail or personal recognizance be granted for non-capital defendants, unless it was determined that neither would sufficiently guarantee the accused’s appearance at trial. This created a legal presumption of bail.
The history of bail in the United States truly dates back to the 13th century in England. Although many of the laws governing bail have been taken from England, they have been refined greatly over the years.
For more information about bail bonds, contact us today at (951) 824-6607. Bail Hotline is available 24 hours a day, 7 days a week for your bail bond needs. With 20 bail bond offices throughout California, we’re always here when you need us.
