The Laws That Created The American Bail Bond Process | 24 Seven Bail Bonds - Bail Bondsman New Brunswick
The United States Bill of Rights preserves the natural rights of American citizens as well as the right of the government to enforce its own laws. Two specific amendments were included in the Bill of Rights that have direct implications on how modern day bail bonds work.
The Sixth Amendment guarantees the right of habeas corpus, meaning that the defendant has the right to know the crime for which they are being arrested and convicted of, and to challenge the legitimacy of his detention. This is a key component of the bail bonds process. Any individual that is an alleged criminal has the capability of researching their specific crime and requesting release.
Common Law and the Eighth Amendment
The American legal system is largely based upon English common law. Under common law, a citizen accused of a crime is able to buy his way out of jail, given that he will return to court for his first criminal trial hearing. This is called a surety bond.
Similarly, the Eighth Amendment prohibits cruel and unusual punishment, as well as excessive bail. This prevents the courts and law enforcement from unfairly imprisoning alleged criminal suspects. The Eighth Amendment helps our judicial system to uphold the idea that an individual is innocent until proven guilty.
The most significant change to the law since the Bill of Rights was formulated occurred with the Bail Reform Act of 1966. This new law permitted judges to determine whether the alleged criminal could be released and whether a financial restriction had to be enforced. The new law was targeted toward non-capital crimes and was completely dependent on the severity of the crime allegedly committed. The amount of money that is set for bail typically fluctuates from judge to judge and state to state, but should correlate with the type and severity of crime that was committed. Prisoners with high flight or high danger risk are typically given bail amounts that are extremely high. Bail may be denied to the most egregious of criminal detainees.
If you or a loved one is being held in prison and you require the assistance of an experienced and trustworthy bail bond agent, call 24 Seven Bail Bonds at (732) 418-2245. At 24 Seven Bail Bonds, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Our expertise and integrity have earned us a reputation as one of New Jersey's 24 hour premier Bail Bond Companies. Contact us today!