"Excessive bail shall not be required," opens the 8th Amendment to the US Constitution. In that regard, the concept of bail bonds has been enshrined in our country since its inception, written directly into the Bill of Rights. The concept harkens back to a time when it was common to keep a defendant imprisoned for weeks, months, or years while awaiting trial.
This tactic was often used by the authorities as a way to jail those against whom they lacked sufficient evidence to convict. Bailbond locations are now an almost universal sight near most courthouses.
But their portrayal in the news and entertainment media may have distorted the impression many Americans have of this vital industry. An explanation of the following 3 common misconceptions about bail bonds should clear up much of the confusion surrounding this important legal right.
Bailbonds are a way to "cheat the system"
As shown before, bail bonds are specifically guaranteed in the US Constitution. Every defendant is guaranteed the right to an opportunity to obtain bail.
A recent Indiana Supreme Court decision struck down an old practice of denying bond to accused murderers. Bail is a right every bit as important as free speech or freedom of religion.
A defendant may also be able to assist his or her attorney in preparing their defense much more effectively from outside of jail. Taxpayers are also saved from the impossibly staggering cost of housing and feeding every defendant while awaiting trial.
Bailbonds let criminals back out on the street
Another principle expressed in the US Constitution is that every defendant is innocent until proven guilty.
The simple fact that a person has been arrested and charged with a crime does not make them a criminal. Often, a court or a bondsman will impose certain conditions or restrictions on a defendant as a condition of their bond.
These conditions, which can include driving restrictions, alcohol and drug testing, house arrest, or curfews, significantly reduce the risk to the public that a defendant may re-offend during their bond.
The bail bond industry is "shady"
Experts at Columbus Bailbonds remind us that the bail bond industry is a vital and integral partner with the courts and law enforcement.
In addition to being highly regulated by state and local governments, bail bondsmen are professionals who take pride in their work, despite some "colorful" television personalities that might portray the opposite.
Bail bondsmen provide active and consistent monitoring of defendants while on release without cost to the taxpayer.
Misconceptions about bail bonds often stem from misinformation or lack of understanding of their role in the legal system.
Firstly, bail bonds are not a means to "cheat the system" but are constitutionally guaranteed rights aimed at ensuring fair treatment for defendants and facilitating their ability to prepare for trial.
Furthermore, the notion that bail bonds release criminals back onto the streets disregards the presumption of innocence until proven guilty. Instead, bail conditions are often imposed to mitigate any potential risks to public safety.
Lastly, the portrayal of the bail bond industry as "shady" overlooks its regulated nature and its essential role in supporting the judicial process. Bail bondsmen serve as valuable partners to the courts and law enforcement, providing vital services while adhering to strict regulations.
It's important to recognize the legitimacy and significance of the bail bond industry in upholding legal rights and ensuring justice for all individuals involved in the legal system.
