Year: 2012

The entire modern bail system in America stems from the passing of the Habeas Corpus Act in England during the 1670s. Since then bail has been a way for persons accused of a crime to remain free while awaiting prosecution. Before gaining this freedom, however, a person often has to stand before a judge.

There are instances when certain crimes are listed on a “bail schedule” which has set bail amounts for that specific crime, and defendants can often be released from jail by posting this amount before ever seeing a judge. Unfortunately for many, judges have a large amount of discretion when setting bail, and they have no duty to follow a bail schedule.

Denying Bail

Many people believe that the eighth amendment to the U.S. Constitution guarantees a person bail, but it doesn’t. This amendment only states that the court cannot impose excessive bail. Judges, in many cases, can remand the accused to custody. The denial of bail occurs only in certain situations, such as when a defendant has a mental condition or could obviously pose a threat to himself or others.

A judge will also consider whether a suspect has extensive ties to a community such as a family, job or ties to his neighborhood. If he doesn’t then he may not be trusted to return to trial. The court will also consider how serious a certain crime was and the chances of the accused being convicted before deciding upon granting bail or not.

Bail Conditions

A judge can also decide to set certain conditions on a person’s bail that they must follow or risk being re-arrested. This is often used to keep suspects away from certain people such as victims or bad influences, but conditions can also be used to ensure a suspect’s return to trial. Some judges will demand that a person reside at a particular address and may even make them wear an ankle monitor. In other instances the judge may require another person to act as a surety for the defendant. The idea here is that a person is less likely to abscond if they know a friend or family member will suffer financially because of it.

Legal Influences on Bail Amount

There are also several legal issues a judge may consider before setting bail. The court will always review a person’s previous criminal record before granting bail. If the suspect is a repeat offender then there is a chance he may not be granted bail at all. The court also considers whether or not the defendant has absconded from justice before. Any judge that has a defendant before him that has skipped out on bail before is not likely to grant it to the suspect again. As mentioned before, the judge also considers the seriousness of the crime. When defendants are accused of capital crimes then they are more likely to go on the lam, mostly due to the possibility of life in prison or the death sentence.

Bail isn’t as straightforward as many people believe. Sometimes it is as easy as calling a bail bond agent and having them post bond, but not in all circumstances. A judge has absolute discretion when deciding on a bail amount, and there are several factors he will consider before releasing a suspect back out into the public.

Any time a person is arrested, they are entitled to a bail hearing. This hearing will determine the amount of money, if any, that must be paid upfront for a person to be released before their trial. The 8th amendment of the U.S. Constitution states that “excessive bail shall not be required” for a person to garner their own release, so the question of what constitutes excessive bail often arises when a person goes to trial. There is not a set monetary amount that is considered extreme, but if a person feels they are being unfairly burdened by their bail amount, there are legal recourses they can take.

Constitutional Rights

The 8th amendment was a part of the original U.S. Bill of Rights that was drafted in 1791, and it guarantees protection against excessive bail. However, a certain monetary amount was not provided for any specific crime, so the idea of what constitutes a disproportionate bail amount is very subjective. A fair bail amount is one that is considered reasonably sufficient to ensure a person does not flee prior to their trial. These amounts can often seem high without being excessive, but in these cases, bail bond agents can provide the necessary funding to garner a person’s release. What constitutes excessive bail may be difficult to determine, but there are important factors that should always be considered when making this determination.

The Right to Bail

Many people who are unfamiliar with constitutional law may assume that the eighth amendment guarantees a person bail. This is not accurate. The Constitution only provides that a bail amount cannot be more extreme than necessary to ensure a person’s return to trial. People charged with capital crimes, those punishable by life imprisonment or death, may be denied bail altogether. It is believed that no bail amount could ensure that certain people will return to trial when facing such extreme consequences. In these cases a judge may deny bail outright, thus guaranteeing the accused will sit in jail until their court date.

There are some instances when a bail amount may seem excessive, yet still be fully constitutional. A person of limited means may be given a $10,000 bail amount which is considered sufficient to ensure their return. However, a person who makes millions of dollars a year may not be sufficiently convinced to appear in court by paying that same amount. So even if these two defendants commit the same serious crime, the richer of the two may be given a bail amount far exceeding $10,000. Bail is meant to ensure the defendant’s presence at trial, and if an extremely high amount is deemed necessary, then it is considered legal.

How Bail Amount Is Determined

Bail amount is determined in a number of different ways, depending on the jurisdiction and the severity of the crime that has been committed. Generally speaking, factors such as the individual’s criminal history, past behavior while out on bail, and the potential threat they pose to society are taken into consideration when setting an amount.

What Constitutes Excessive Bail?

One of the most important considerations when determining what constitutes excessive bail is the nature of the crime itself. Serious crimes such as murder, rape, and other violent offenses often result in high bail amounts.

However, it is also important to consider the circumstances surrounding the crime. For example, if a person has a long history of criminal activity or displays extremely violent tendencies, it is likely that their bail will be set at a higher amount than what would otherwise be considered excessive.

Another factor to consider when determining what constitutes excessive bail is an individual’s financial situation. If someone has limited resources or is unable to post bail, they may be held in jail for an extended period of time. This can have a devastating impact on their life, making it difficult to maintain employment or support their family.

Legal Recourse to Excessive Bail

There are instances when higher courts may feel that a set bail amount is unwarranted. If a judge sets a bail amount that is either disproportionate to the crime, or more than necessary to ensure the accused returns for trial, then a defendant must take action. If the accused or their bail bond agent believes that bail is too much in a certain case, then they must notify a person’s attorney. A lawyer can make a motion in open court requesting that a bail amount be lowered. If this is unsuccessful, the attorney may appeal directly to a higher court.

Appellate courts do not always agree with a lower court’s decision. In the 1951 case of Stack v. Boyle, the U.S. Supreme Court found that a $50,000 bail amount was unwarranted to ensure that members of the Communist Party returned for their trials. The persons accused actually made a motion in court to reduce their bail and then appealed to another court when their motion was denied. Their appeal was also denied, which led to the case being heard by the Supreme Court. This shows that local courts cannot always be trusted to enforce the Constitution. When this is the case, it is important for the lawyer of the accused to work toward a lower bail amount to ensure their client’s rights.

Excessive bail is constitutionally illegal within the United States. There are instances when a person may feel their bail amount is unwarranted, but this doesn’t mean the legal system agrees. A particularly high bail amount should never just be accepted if it is superfluous. There are instances in American judicial history where excessive bail was set and overturned by other courts. Whether bail is set too high or not is often subjective, but anyone who feels that they are being unnecessarily burdened by their bail amount should try their best to remedy the situation legally.

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Anyone can be affected by the legal system in America. Even minor charges can land a person in jail from time to time. The Constitution protects people accused of crimes, by ensuring that a bail amount cannot be excessive for the alleged crime committed. Securing bail is the quickest way to get out of jail, but freedom isn’t the only benefit that comes with getting out on bail.

Working on Your Defense

When a person plans on fighting a charge against them, they need time to prepare their defense. This is not a simple job from the confines of a jail cell. A person cannot travel to find witnesses or collect evidence if they are in jail. Posting someone’s bail ensures that they can prepare themselves for what could be a lengthy trial.

Keeping a Job

Unfortunately for many people their jobs will not wait for them if they miss work due to being arrested. The days missed can be numerous if a person doesn’t post bail soon after it is set. Even if they don’t get fired from their job they might lose several days’ worth of pay, which can equate to thousands of dollars lost while waiting for trial. Bail bond agencies can usually post bail for someone within hours, ensuring they miss absolutely no work.

Avoiding Arrest Altogether

Most people think that they would have to actually be arrested for a bail amount to be set. This is not always the case. Several charges have a preset bail amount that a person can pay and not even be arrested. Bail bond agencies can also run a warrant check for you and post the preset bail amount if a warrant is found.

Taking Care of Your Family

Anyone that has a family knows taking care of it is a full time job. Being confined in a jail cell takes away from the time a person needs for family duties. Even a few days away from a person’s family can be detrimental. Having bail posted as soon as a bail amount is set can get a person back to their family in just a few hours.

Confidentiality

Having bail posted soon after, or even before being incarcerated will ensure that a minimal number of people know about the situation. A person who has bail posted quickly may not miss any work, social events or any other event where their absence would be noticed. Bail bondsmen can quickly post bail without your having to come up with a substantial amount of cash. This can make the whole release process go even faster.

Securing bail after being arrested is the most important thing a person can do to get their life back to a semblance of normal. Face bail amounts can be extremely high without actually being considered “excessive.” Luckily there are bail bond companies that will post bail for a person for only 10% of the actual bail amount. They also have payment plans, which helps to level the playing field so most anyone can get out of jail once a court has set a bail amount.

If you have been charged with a crime and the judge let you post bond, your freedom is something you want to make certain you don’t lose. The judge could have required you to stay in jail until your case was heard, which can sometimes take months or even over a year depending on the seriousness of the charge. It is important to keep your cool while you are out on bail, to help with your case and to keep your freedom. The consequences of getting into trouble while out on bail are very serious.

Bad Behavior Consequences

If you act out while you are out on bail, the judge may revoke your bail. This means that you may have to spend the remaining time in jail, while you wait for your trial or the next court hearing. Rather than being able to spend time with friends, family and romantic partners, now you will have to be behind bars and have every movement monitored and controlled by the jail and its agents.

Even if the judge does not revoke your bail, you may still face other consequences. The judge or jury will know about the bail being revoked and this may influence their opinion of you regarding your current charges. This could mean that you could get convicted of a crime that you didn’t even commit because you made a bad impression on the jury. Not to mention the criminal record this kind of action will establish; if there is a next time, the fact that you did not abide by your bail conditions may prevent you getting bail in the future, or at least raise the bail face amount.

Activities to Avoid

While you want to avoid all criminal activity and stay on the straight and narrow while you are out on bail, there are particular types of activities that you should definitely avoid. First, don’t go back and perform any type of criminal behavior for which the charges are currently pending. For example, if you are being charged with possession of a controlled substance, and you get caught being in possession while you are out on bail, it will be hard for the jury to believe you weren’t guilty of the first charge. You should also avoid any violent crimes while you are out on bail. Additionally, you should avoid any association with felons, steer clear of weapons or anyone who owns or carries one.  Closely follow your stipulated bail conditions, which may include abstaining from alcohol – and if someone throws a beer can in your trash barrel and an officer of the court drops by, you could be handcuffed and on your way back to jail in a New York minute.

Leaving the Area

Sometimes the judge will order that you stay within a designated area while your charges are pending. Do not get caught crossing that line or the judge may revoke your bail, thinking that you are trying to take flight. Perceiving you as a flight risk is one big reason why a judge may deny you bail in the future.

Tips for Staying Out of Trouble

It is important to be on your best behavior and to get through your time before court appearances without getting into any more trouble. Here are a few steps that you can take:

1. Avoid hanging out with certain friends or family members that may influence you to do wrong.
2. Avoid drugs or alcohol that may impair your judgment.
3. Try to work or attend school during the time that you are waiting for court. This will make you look better for the judge and jury and will help fill some of your free time.

Avoid hanging out with people that anger you and may cause you to get into altercations.

At some point in our lives, we all have known someone who has been to jail. Unfortunately, this sometimes can include our personal friends or family members. Nobody wants to see a loved one behind bars, and they will often do whatever they can to get that person out of jail quickly.

Most of us think of bounty hunters as characters from “old west” films or TV show “reality stars.” The truth is that these “bail enforcement” or “fugitive recovery” agents are, in fact, an integral part of the modern day bail industry.  Bail bond agencies rely on these folks to find and apprehend those who have fled from their responsibilities to appear, per the surety bonds that have been posted on their behalf.

The Profession

A bounty hunter can be described as a person who tracks down someone, or something, for money.  The bounty is the reward paid to them for performing this public service. Even today, bounty hunters still track down people who skip bail or fail to appear for court dates. Also known as bail skipping, failure to appear to a court date is a criminal offense, and in the U.S. it is a common occurrence. It is reported that 25% of all felony defendants fail to show up at their trial, so the bounty hunters have plenty to keep them busy. In fact, it is estimated that bounty hunters are responsible for returning 99% of criminal defendants who do skip bail in the United States.

Bounty Hunting Laws – Pros and Cons

Bounty hunters have very few limitations they have to adhere to in terms of state laws, and there has been debate about the lack of regulations that govern them. In most cases, they are not subject to any civil liability if they cause injury to a fugitive while capturing them.

Many critics state that the legal privileges extended to the bounty hunters nowadays are unwarranted, and some even go as far as saying that bounty hunting should be outlawed altogether. Critics have also stated that bounty hunters often use questionable and even violent methods to capture bail skippers, and that this goes against the administration of justice defined in the constitution.

On the other hand, defenders of bounty hunters feel that they serve a crucial role in the criminal justice system, and they should not be forced to follow regulations that will impede them from carrying out their duties.  Criminal defendants do have rights that should be protected, but most physical altercations come about because of their reluctance to surrender, when found.

Screen Adaptation vs. Reality

The careers of bounty hunters have been adapted into television series and movies that have been box office hits. Among the most notable films about bounty hunting was released in 2010 and directed by Andy Tennant. “The Bounty Hunter,” played by Gerard Butler, learns that his next mission is to capture his ex-wife, played by Jennifer Aniston. This interesting predicament leads them into an exciting, albeit romantic adventure.  And of course everyone is familiar with the TV legend, “Dog” Chapman, and his antics and extreme measures played out on screen.  When he chased a fugitive into Mexico, Dog found out his “character” wasn’t immune when he was arrested.  Though he was then released on his own recognizance, he chose to leave the country (into the U.S.) and was subsequently extradited to stand trial – clearly a “reality check.”

The truth is that bounty hunters do face a lot of dangerous situations that cannot be cut and retaken in the next shoot. They also have to rely on sharp instincts, investigative prowess and tact in facing every situation – since there is no script to read from. In some cases they find themselves in life-threatening situations, far from the dramatic made-for-movie scenes on the big screen. Bounty hunters are a necessary evil in society and, regardless of the points their critics make, they do render a valuable service.