Understanding The Intricacy Behind Bail Bonds Law

When you talk about bail bonds, you must talk about law in general, specifically the criminal law. This is inevitable because it’s part of the court system that everyone must follow when they’re facing criminal charges. While in all technicality you may not have to know or understand the laws behind the system. But this is still an important piece of information that you can use at a later date.

Bail is part of the pretrial system, where the judge sets bail amount during the detention hearing. However, a judge also may not grant any bail for the high-risk defendants or those who may re-offend when they return to society.

Federal Law on Bail Posting

The US Judiciary law states that the defendant must be released before trial unless the government proves that they must be detained without any bail. This is written under the Bail Reform Act of 1984. The details regarding the recommendations on what the judges must consider before granting bail are on 18 U. S. § Code 3154. This law code elaborates on the details of pretrial services to ensure a fair trial.

The Bail Reform Acts

This law was first passed in 1966 to further elaborate the pretrial services and phase. It includes what counts as pretrial activities and how the defendant and government must adhere to these rulings. Later on, congress enforced the Bail Reform Act of 1984 as the modern version that will put pretrial detention as part of the punishment instead of a phase.

Bail Reform Act of 1966

The first bail reform act covers the general idea of bail by providing bail rights for non-capital defendants, primarily on recognizance bonds unless the judge ruled otherwise. However, this act only proves to be trouble for both law enforcement and defendants. The defendants who have financial difficulties and cannot afford bail must stay in jail while waiting for trial. And the defendants who were released and did a re-offend went through the same system and got released yet again after they paid bail.

Bail Reform Act of 1984

In 1984, congress repealed the Bail Reform Act of 1966 and enforced the Bail Reform Act of 1984. And up to this day, it is the most recent federal law that most judges use as a reference. This ruling is also codified in the United States Code Title 18 sections 3141-3150. The law elaborates on the criterion for defendants who cannot receive bail.

Capital charges, crimes with a maximum sentence of life imprisonment or death, specific drug offenses, and repeat felony offenders may not receive any bail. And the same goes for the defendant whom the judge deems as high risk for the community.

There are several amendments to the law, including denial of bail if the fund to pay bail comes from an illegal source. The latest amendment includes a stricter law on defendants who committed a crime against a minor, where they must be confined, under curfew, and regularly report to law enforcement.

Understanding the federal law that becomes the basis of bail bonds will help you even though you’re not facing any criminal charges. To many people, this information helps them understand the judge’s decisions. And maybe in the future, it may inspire people to work on the bail bonds system.