The origin of the U.S. bail system dates back to the Middle Ages as part of England’s Habeas Corpus Act of 1677. The U.S. Constitution Bill of Rights addresses a person’s right to post bail as part of their Sixth and Eighth Amendment rights. Since that time, today’s bail system has been revised in an attempt to best serve the interests of society as a whole.
Process
Depending on the jurisdiction in which an arrest takes place, the bail hearing is typically the first time a defendant appears before a judge. Some jurisdictions may combine the bail and arraignment hearings into one, while others may require an additional probable cause hearing. In either case, someone charged with a crime and arrested will usually have a bail hearing (or hearing where bail is discussed) within 48 hours of being arrested.
Bail Amounts
Under the Sixth Amendment, anyone arrested has the right to know the reason for their arrest. This amendment also gives a person the right to demand bail for offenses that allow for it. At the outset, laws concerning bail were designed to reduce the likelihood of flight risk by requiring defendants to pay a refundable amount on the condition they show up for the trial hearing.
In general, capital offenses or felony charges, such as murder and rape, do not allow for a bail option. Bail amounts vary depending on the level of offense committed. On average, bail amounts fall within the following ranges:
Drug crimes – up to $5,000
Public disorder offenses – up to $5,000
Violent crimes – $10,000 to $25,000
Property-related crimes – $10,000 to $25,000
Ultimately, judges decide bail amounts based on a person’s previous record, community ties and financial resources.
The Illinois Plan
With most state jurisdictions, the actual amount a defendant must pay upfront to post bail is based on what’s known as the Illinois Plan. Under this plan, a defendant pays a 10 percent fee to a bail bondsman, who then covers the entire bail amount on behalf of the defendant. So someone with a bail requirement set at $10,000 must pay $1,000 upfront to the bail bondsman.
As federal offenses typically come with hefty bail requirements, federal courts will accept cash as well as property conversions or property bonds as bail payments.
Presumption of Innocence
The tenet “innocent until proven guilty” represents a foundation principle within the criminal justice system. This means anyone charged with a crime has the same rights as someone who isn’t facing criminal charges. The U.S. bail system was put in place to support defendants’ rights under the law.
Since the crimes a person is charged with may not necessarily be the crimes he or she is convicted of, the option to post bail enables defendants to prepare their case and tend to the affairs of their daily lives. Without the right to post bail, defendants could conceivably sit in jail longer than any jail time they actually receive if convicted.
Public Safety Concerns
The Eighth Amendment prohibits courts from charging exorbitant bail amounts when considering the degree of offense committed. Since more violent crimes come with higher bail amounts, defendants must pay more in order to regain their freedom until the trial hearing. In effect, this provision works to minimize the risk to public safety.
Even when a person has committed a non-violent crime, other factors, such as a long record of offenses and few-to-no-community ties, may lead a judge to deny bail altogether. In these cases, public safety concerns carry considerable weight in the eyes of the court.
This article was written by Robert Tritter, an aspiring lawyer who loves writing legal-related articles during his free time. He writes this on behalf of OK Bail Bonds, your number one choice when looking for bail bonds in Houston. Check out their website today and see how they can help you!
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Robert Tritter
Robert Tritter is an aspiring lawyer who looks forward to using his knowledge and expertise to make the world a better place.
