History of a Bail Bond

The bail system in the United States evolved out of a system developed in England around the Middle Ages. The English Parliament passed the Habeas Corpus Act in 1677, among other things it established that magistrates would set terms for bail.

In 1689 the English Bill of Rights declared restrictions against excessive bail. The Virginia State Constitution and the Eighth Amendment to the United States Constitution were inspired by the 1689 English Bill of Rights.

Our 6th Amendment states that all people under arrest must be “informed of the nature and cause of the accusation” they face. It also allows the arrested person to demand bail if they are accused of a bail-able offense.

American Bail Law

American bail law comes from legislation. The Judiciary Act of 1789 stated that all noncapital offenses or those offenses that do not carry the death penalty are bail-able. In some cases, capital offenses were bail-able at the discretion of the judge.

Bail Reform Act of 1966

From 1789 to 1966 bail law in the United States remained largely unchanged. In 1966 the U.S. Congress passed the Bail Reform Act which allowed for the release of defendants with a small as possible financial burden.

President Lyndon Johnson gave a speech that contained instances of how the past bail system had hurt innocent people in the past and proceeded to sign the bill. The bail system of the United States was changed to stop bias against largely poor or uneducated people filling jails while they should’ve been out on bail.

Bail Reform Act of 1984

In 1984 the next major revision to the United States Bail Law came with the Bail Reform Act of 1984, which replaced the Bail Reform Act of 1966. One of the problems with the 1966 Bail Reform Act was that it allowed many dangerous suspects to receive bail as long as they weren’t considered a flight risk.

The 1984 reformed law states that defendants should be held until trial if they are judged to be a danger to the community. It also established categories of defendants who could be held without bail. These defendants are those who have been charged with serious crimes or are repeat offenders, possibly dangerous, and those who may be a flight risk. The last piece of the Bail Reform Act of 1984 was that anyone who was eligible for bail had to have a bail hearing.

Frank S. Calabretta’s Bail Bonds Roseville provides 24-hour nationwide bail services.
Should you have any questions regarding how bail bonds work, don’t hesitate to contact us at any time at (916) 782-7048.

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