By Melissa Lampert, KHTS Staff Writer
Companies like All American Bail Bonds in Santa Clarita follow bail laws with a long history in the United States that began during the colonial period when Americans were governed by English statutes and policies.
While the English bail institution was the basis of bail law in the U.S., American colonists introduced their own policies after declaring independence in 1776, according to the Bail Resource Center & Academy.
“Bail has a long and interesting history in this country,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “Having a knowledge of this history is vital for bail agents’ understanding of today’s bail laws.”
The Eighth Amendment of the American Constitution states that “excessive bail shall not be required,” a provision that was taken directly from the English Bill of Rights in order to prevent the use of excessive bail as a way of keeping those suspected of “bailable” offenses in jail. The Judiciary Act defining these offenses was enacted by the First Congress in 1789.
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The first major change in federal bail law since the initial passage of the laws in 1789 came with the Bail Reform Act of 1966, which was designed to allow for the release of defendants from jail with the smallest financial burden possible.
The act allowed those accused of non-capital offenses to be released from jail before their trial on their own recognizance– meaning without any financial security ensuring they attend court appearances –or on a personal bail bond refundable after all their court appearances.
This new system helped reverse what was perceived as a bias against the poor who could have been out on bail but instead filled prisons, sometimes losing their jobs and families only to later be found innocent or have their charges dropped.
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In 1984, a new Bail Reform Act was introduced to close the original act’s “loophole” that allowed for the release of dangerous suspects on bail if they weren’t deemed flight risks. The new law provided that those deemed dangerous to the community should not be released on bail.
New categories of who could be held without bail, including those accused of serious crimes, repeat offenders, potentially dangerous individuals or those deemed to be flight risks, were also established by the new law. The act also required a bail hearing for all defendants eligible for bail.
Bail agents from companies like All American Bail Bonds in Santa Clarita have extensive knowledge of today’s bail laws, and can help ensure residents’ loved ones are released from jail as soon as possible after they are arrested.
Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy
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If your loved one is in custody and they wish to talk to an All American Bail Bonds representative, call:
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