History Of The Bail Bond

If the time has come for you to need a Bail Bondsman, one could make a guess that something in life has taken a turn. Before trusting Freedom to just any person stating the can "Bail you out", first take a second to understand what a bail is.

Once you understand the process, Morris Bail Bonds will be happy to service your needs anywhere in Florida, especially Broward, Palm Beach Monroe Counties and the Florida Keys



Bail Bonds in the United States originated from the British statutes and policies. The newly formed Independent colonies in 1776 created policies similar to those formed under British tradition.

Virginias constitution in 1776 which laid the foundation for the U.S. Bill of Rights included a provision stating that excessive bail ought not to be required. In 1785, a statute strengthened this provision by giving rules for bail, including bail to those punishable by life or limb.

The Sixth Amendment, like the English Habeas Corpus Act of 1678, also plays a role in the U.S. bail structure by guaranteeing that those arrested know the nature and cause of the accusation against them, allowing them to determine if they are entitled to a bond based on their alleged crime.

The Eighth Amendment to the Constitution came almost verbatim from Virginias constitution. It reads Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Congress in 1789 passed the Judiciary Act, which specified which types of crimes were eligible for bail and set bonds on judges discretion in setting bail. Stating that suspects in non-capital offenses would be allowed bail, while giving judges the decision about whether to detain suspects before trial for capital offenses (meaning murder, treason, espionage and other crimes punishable by life in prison or death).

The Judiciary Act formulated the principles of bail in the U.S. that stayed in place for almost 200 years. In 1966, Congress made a change to bail law with the Bail Reform act, which states that a non-capital offense defendant shallbe ordered released pending trial on his personal recognizance or on personal bond unless a judicial officer this would not be sufficient to guarantee the defendants appearance in court.

The Bail Reform Act thus told the courts to release suspects with as little burden as necessary to ensure appearance in court. In non-capital cases, the act did not allow the judges to weigh a suspects potential threat to the community in determining a bail bond.

This provision did draw criticism, especially in the District of Columbia, where all crimes formally fell under regulation of federal bail law. So in 1970, the passage of the District of Columbia Court Reform and Criminal Act allowed judges to consider risk of flight and dangerousness to the community when setting bail in non-capital cases.

Safety to the community became a factor in the entire federal bail system. In 1984 came the passage of an amendment of the Bail Reform Act. Under this act, a defendant can be detained without a bail bond if he/she poses a risk to the community; may intimidate jurors or witnesses (or otherwise obstruct justice while out on bond); or committed a violent or drug offense, commit an offense with the penalty of life in prison or death, or commit a felony while already having a serious criminal record.

Through its changes over the years, though, the foundation of the bail bond system has remained constant, with in most cases defendants maintaining their constitutionally guaranteed right to remain free out on bail while awaiting trial.