Have you ever wondered why we have bail bonds and when did they get started? A bail bond helps those who been arrested of a crime to get out of jail regardless as to their financial situation. When someone is arrested often the bail is set. At that time, bail can be thousands of dollars. A bail bond agency will help pay for the bail but they charge a small percentage as their service fee. Bail bond services evolved over time and in the beginning, it wasn’t like it is today. Ajua Bail Bonds would like to share a brief history of bail bonds and how they evolved.
History of Bail Bonds
The concept of bail bonds began long ago and dates back during the 13th century in England. During the 13th century there was a major and unfair class division among the poor people. Often the poor were charged with crimes that required a major sum of money to pay off. The charges were so high that only wealthy land owners were able to pay off their crimes. The jail became filled with mostly the poor. Overcrowding quickly became an issue, which is where the concept of the bail bond first was developed. A bondsman would start by taking a percentage of the bail and the bondmen would pay off the rest for the individual that is going to trial. However, it took some time for England to formerly lay out the provisions for a bail bond. It wasn’t until the 17th century that the bail bond was formally created and instated. It was the Habeas Corpus Act of 1679 that created the rights and liberties for all. By 1689, the Bill of Rights further outlined the policy or term for bail bonds. The Bill of Rights also prohibits the use of excessive bail and fines as well as cruel and unusual punishment for the accused.
When Did the Bail System Start in the United States?
As the early development of America was greatly influenced by England, it comes as no surprise that America adapted the same or similar bail bond system. Even though bail bond is a major element of the modern American judicial system, bail bonds underwent some major changes. The first actual legal provision for bail bonds came with The Judiciary Act of 1789. The Judiciary Act of 1789 allowed a bail bond to be accessible to anyone who wasn’t charged with a capital offense. However, a judge could grant a bail offer to those who are charged with a crime that could be punishable by death. Only a judge can grant bail to those with high offense based crimes. This is how bail bonds worked until they changed again in 1966. When the Congress passed the Bail Reform Act, which gave all non-capital defendants the right to bail bonds and help reduce discrimination. This act helps give the poor defendants the right to bail. Nevertheless, if the defendant is a major flight risk the judge can refuse bail. The Bail Reform Act underwent another change in 1984, which was aimed to close loopholes which would allow violent criminals to walk free while they wait for trail. The more dangerous defendants were to be kept locked up until their trial date.