BAIL BONDSMAN ACT, ETC.

The Judiciary Act of 1789

In 1789, the same year that the United States Bill of Rights was introduced, Congress
passed the Judiciary Act of 1789. This specified which types of crimes were bailable and
set bounds on a judge's discretion in setting bail. The Act states that all non-capital crimes
are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to
be left to the judge.

The Judiciary Act states, "Upon all arrests in criminal cases, bail shall be admitted,
except where punishment may be by death, in which cases it shall not be admitted but by
the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district
court, who shall exercise their discretion therein."

[edit] The Bail Reform Act of 1966

In 1966, Congress enacted the Bail Reform Act of 1966 which states that a non-capital
defendant is to be released, pending trial, on his personal recognizance or on personal
bond, unless the judicial officer determines that such incentives will not adequately
assure his appearance at trial. In that case, the judge must select an alternative from a list
of conditions, such as restrictions on travel. Individuals charged with a capital crime, or
who have been convicted and are awaiting sentencing or appeal, are to be released unless
the judicial officer has reason to believe that no conditions will reasonably assure that the
person will not flee or pose a danger. In non-capital cases, the Act does not permit a
judge to consider a suspect's danger to the community, only in capital cases or after
conviction is the judge authorized to do so.

The 1966 Act was particularly criticized within the District of Columbia, where all
crimes formerly fell under Federal bail law. In a number of instances, persons accused of
violent crimes committed additional crimes when released on their personal
recognizance. These individuals were often released yet again.

The Judicial Council committee recommended that, even in non-capital cases, a person's
dangerousness should be considered in determining conditions for release. The District of
Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider
dangerousness and risk of flight when setting bail in noncapital cases.

[edit] Current U.S. bail law

In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at
United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is
that it allows pre-trial detention of individuals based upon their danger to the community;
under prior law and traditional bail statutes in the U.S., pre-trial detention was to be based
solely upon the risk of flight.
18 USC 3142(f) provides that only persons who fit into certain categories are subject to
detention without bail: persons charged with a crime of violence, an offense for which the
maximum sentence is life imprisonment or death, certain drug offenses for which the
maximum offense is greater than 10 years, repeat felony offenders, or if the defendant
poses a serious risk of flight, obstruction of justice, or witness tampering. There is a
special hearing held to determine whether the defendant fits within these categories;
anyone not within them must be admitted to bail.

[edit] State bail laws

Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence.
Generally, a person charged with a non-capital crime is presumptively entitled to be
granted bail. Recently, some states have enacted statutes modelled on federal law which
permit pretrial detention of persons charged with serious violent offenses, if it can be
demonstrated that the defendant is a flight risk or a danger to the community.

Some states have very strict guidelines for judges to follow, with a published bail
schedule.[9] Some states go so far as to require certain forfeitures, bail, and fines for
certain crimes.[10]

________________________________

The Judiciary Act of 1789

In 1789, the same year that the United States Bill of Rights was introduced, Congress
passed the Judiciary Act of 1789. This specified which types of crimes were bailable and
set bounds on a judge's discretion in setting bail. The Act states that all non-capital crimes
are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to
be left to the judge.

The Judiciary Act states, "Upon all arrests in criminal cases, bail shall be admitted,
except where punishment may be by death, in which cases it shall not be admitted but by
the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district
court, who shall exercise their discretion therein."

[edit] The Bail Reform Act of 1966

In 1966, Congress enacted the Bail Reform Act of 1966 which states that a non-capital
defendant is to be released, pending trial, on his personal recognizance or on personal
bond, unless the judicial officer determines that such incentives will not adequately
assure his appearance at trial. In that case, the judge must select an alternative from a list
of conditions, such as restrictions on travel. Individuals charged with a capital crime, or
who have been convicted and are awaiting sentencing or appeal, are to be released unless
the judicial officer has reason to believe that no conditions will reasonably assure that the
person will not flee or pose a danger. In non-capital cases, the Act does not permit a
judge to consider a suspect's danger to the community, only in capital cases or after
conviction is the judge authorized to do so.

The 1966 Act was particularly criticized within the District of Columbia, where all
crimes formerly fell under Federal bail law. In a number of instances, persons accused of
violent crimes committed additional crimes when released on their personal
recognizance. These individuals were often released yet again.

The Judicial Council committee recommended that, even in non-capital cases, a person's
dangerousness should be considered in determining conditions for release. The District of
Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider
dangerousness and risk of flight when setting bail in noncapital cases.

[edit] Current U.S. bail law

In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at
United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is
that it allows pre-trial detention of individuals based upon their danger to the community;
under prior law and traditional bail statutes in the U.S., pre-trial detention was to be based
solely upon the risk of flight.

18 USC 3142(f) provides that only persons who fit into certain categories are subject to
detention without bail: persons charged with a crime of violence, an offense for which the
maximum sentence is life imprisonment or death, certain drug offenses for which the
maximum offense is greater than 10 years, repeat felony offenders, or if the defendant
poses a serious risk of flight, obstruction of justice, or witness tampering. There is a
special hearing held to determine whether the defendant fits within these categories;
anyone not within them must be admitted to bail.

[edit] State bail laws

Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence.
Generally, a person charged with a non-capital crime is presumptively entitled to be
granted bail. Recently, some states have enacted statutes modelled on federal law which
permit pretrial detention of persons charged with serious violent offenses, if it can be
demonstrated that the defendant is a flight risk or a danger to the community.

Some states have very strict guidelines for judges to follow, with a published bail
schedule.[9] Some states go so far as to require certain forfeitures, bail, and fines for
certain crimes.[10]

________________________
A bail bond agent, or bondsman, is any person or corporation which will act as a surety
and pledge money or property as bail for the appearance of a criminal defendant in court.
Although banks, insurance companies and other similar institutions are usually the
sureties on other types of contracts, for example, to bond a contractor who is under a
contractual obligation to pay for the completion of a construction project, such entities
are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in
posting a bail bond. Bail bond agents, on the other hand, are usually in the business to
cater exclusively to criminal defendants, often securing their customers' release in just a
few hours. Bail bond agents are almost exclusively found in the United States. In most
other countries bail is usually more modest and the practice of bounty hunting is illegal.[1]

_______________________________