Bail bonds represent a very important constitutional right. In the Eighth Amendment, it states that “excessive bail shall not be required.” In other words, someone who has been accused of burglary, for example, should have a lower bail than someone who has been accused of an armed robbery or rape. The amount of bail should match the seriousness of the crime. If someone is accused of a capital murder, bail is not even an option.
Why the Eighth Amendment is so Important
Even today, there is no such thing as bail in many parts of the world. Anyone accused of a crime, however petty, sits in jail until someone in power decides to let them out. That might never happen. In many countries, someone who is wealthy enough will be able to buy their way out of prison. In the U.S., someone who is very wealthy can actually be at a disadvantage in being able to post bail. A judge may decide that because they could afford to flee, their bail should be substantially higher than for a person of modest means.
Bail Guarantees That Defendants Appear in Court
The primary purpose of bail, whether paid in cash by the defendant or by the posting of Bail Bonds Fulton County, is to guarantee to the court that the defendant will appear for every scheduled court date. When the case has been closed, the money is returned by the court.
Bail serves one other very important function. When someone is free, they are in a much better position to assist their lawyer with their defense than if they are sitting in jail. Depending on whether or not the judge imposed any restrictions, such as house arrest, the defendant may be able to go to work and continue with other responsibilities.
A Bail Bond is a Contract
Bail bonds are a contractual agreement between the bail bond company, the courts and the defendant, friend or family member who to the bail bond company that the defendant will appear in court. If the defendant skips, the bail bond company owes the bail to the court. The court allows the bail bondsman time to find the defendant and return the defendant to jail.