Author: Bail Hotline Staff

Modern bail agents have been securing freedom for people accused of crimes since 1898. In this time, bail bondsmen practices have evolved, but the premise of the practice has remained the same throughout American history. Bail agents usually take ten percent of a person’s posted bail amount as a fee and sign a surety with courts allowing for a person’s quick release while awaiting trial. Many people believe that these agents have no actual use other than securing a defendant’s release, but they are actually an integral part of the criminal justice system. Without bail bondsmen the criminal justice system in America would find it far more difficult to function.

Overcrowding

Overcrowding is a serious problem in many jails across the country. Bail bond agents actually help to ease this problem. Even though the Constitution of the United States expressly forbids excessive bail amounts being imposed, the amounts that are enforced are still some of the highest in the world. If it were up to defendants to post their own bail, many would end up sitting in jail awaiting their trial. Bail bondsmen provide an overall low-priced way for accused persons to get out of jail almost immediately after their incarceration. This not only eases overcrowding but also ensures that the space available in jail is saved for serious criminals.

Preparing Defense

Bail bond agents don’t just provide a service that slows the overcrowding of detention institutions, they also allow people accused of crimes to take a proactive role in their own defense. It is difficult to properly prepare a defense case against state prosecutors, so a person can only imagine the difficulty someone would have trying to do this from the confines of a jail cell. Bail bondsmen allow people the best chance of beating the charges against them, and this lessens the chance that a person will be punished for a crime that they didn’t commit. This not only saves an innocent person from going to jail, it also saves the state the money it would spend on supporting an additional inmate.

Allows Proper Release Criteria

When jails have issues of overcrowding it can lead to less stringent release criteria. A judge who knows that a jail is already at capacity may have to consider releasing criminals they otherwise wouldn’t in an effort to keep the jail population down. The Constitution only guarantees that a person cannot be punished with excessive bail, not that they will receive bail. Judges, at their own discretion, can deny a person bail if they feel the accused could be a flight risk or a danger to others. Judges who don’t have the weight of an overcrowded facility on their shoulders are better equipped to enforce appropriate release criteria.

Bail agents are an integral part of the criminal justice system. They may not be officers of the court or lawyers, but they serve a vital function in maintaining the fluidity of the system. Even the majority of sheriffs in the country feel that bail bond agencies are important in helping to maintain order within American jails. Bail bondsmen have been ensuring that defendants are allowed out of jail before their trials for over a hundred years, and hopefully they will be around to assist the criminal justice system for a long time to come.

Anyone who has been to jail can attest to the fact that being arrested is a stressful ordeal. An arrest is often the beginning of a drawn out tribulation that can end in a loss of money, time and even freedom. Most people who go to jail the first time are completely clueless about the sequence of events that will take place during the booking process. Different jails may have a separate order in which these tasks are undertaken, but there are several things that a person must go through before being allowed to call their family or bail bond agent. Learn more about the bail bond process.

Initial Intake

Before being brought into a detention facility inmates are often subjected to a “pat down” to check for contraband. Once this is complete and the person is brought into the booking area, they are taken to an officer who enters all of their personal information into a computer. Information is also entered on the crime a person has been charged with. Usually at this time a person hands over all of their personal belongings as well. These items will be kept safe until a the inmate’s eventual release, and then returned. A check for outstanding warrants is also run at this time, and the results may affect whether a person is granted bail or not.

Protection of Officers and Inmates

There are several procedures involved during booking that are meant to keep officers, the inmate and other prisoners safe. The accused is often questioned about current or former gang affiliations. If the accused has been part of a gang then they may be housed, for their own protection, in an area where rival gang members are not present.

A short medical exam is also administered to ensure the safety and health of the inmate and fellow prisoners. If a person has a serious medical condition the officers will be able to accommodate them while protecting other prisoners from possibly contagious diseases. Depending on the jail, these exams can even include tuberculosis checks. Inmates are also made to take a shower with delousing shampoo and sometimes strip-searched before they are sent into the general population.

Identification

Police gather an abundance of information that can help identify an inmate. This is used for their time in jail as well as being kept on record for any future need that may arise. A suspect is always photographed and fingerprinted, usually soon after they arrive to the facility. In certain cases an inmate can even be required to submit to a DNA test. All of this information can legally be kept on file and used in the future to identify a known subject.

The Phone call

Most people who are arrested spend their entire booking process looking forward to getting their phone call. Unfortunately, whether a person is subsequently found innocent or guilty of a crime makes no difference in the booking process. Jails will differ from state to state and even county to county, but the basic booking process is essentially the same and it takes the time that is deemed necessary to do so.

In most jails an inmate must go through the entire booking process before they are allowed to make their first phone call. At that point it is important to call someone who can post bail such as a family member or bail bond agent, thus ensuring a quick release.

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.

If you’re in a bind anywhere from Oakland to Los Angeles or even Santa Ana, give us a call!

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.