Month: April 2014

bail rightsAt Falcon Bonding, believe that our job as Bail Bondsmen is to uphold a portion of the Bill of Rights – the 8th Amendment the Bail Rights. As you know, the first 12 Amendments of the Constitution enumerate specific rights that are protected for U.S. Citizens. The 8th includes two important aspects that protect individuals who are suspected of a crime:

  1. The Government cannot use cruel and unusual punishment as penalty for a crime.
  2. The Government cannot hold someone without excessive bail.

This means, the Constitution also protects the concept of bail rights and protects citizens from being held in jail and punished, before they are actually convicted of a crime. It means if you do get arrested, your 5th Amendment right that you are innocent until proven guilty, is upheld.

The idea of bail rights was an important development in the Middle Ages. It was conceived at a time when sheriffs could imprison their people regardless of how severe the crime was. Bail prevented tyranny by prohibiting local leaders from locking up people just because they disliked them. The concept of excessive bail originated in the English Bill of Rights in the 1600s after Judges began setting exorbitant bail that people could never meet. When the United States Bill of Rights was drafted, they copied the wording almost exactly: Excessive bail shall not be required.”

The interpretation of “excessive” has been interpreted that the bail amount should fit the crime for it to be fair. But even with this assurance, fair bail does not necessarily mean affordable bail. If you do not have the cash or property on hand to gain your freedom, we are here to help you. We want to ensure that no matter your income bracket or your physical assets, you can enjoy the Constitutional assurance of being innocent before proven guilty. If you need help posting bail, call Falcon Bonding for a consultation.