History

• The United State bail system originated in medieval England. Early bail procedures were imperfect. Loopholes in the English bail system were exploited by sheriffs, judges and heads of state. The Habeas Corpus Act was enacted to protect individuals from corruption by preventing excessive bail and unlawful detention. Many of these laws were incorporated into the United States Eighth Amendment.
  
  

Significance

• The Bail Reform Act of 1984 allows the courts to determine whether bail will be denied if an individual is considered a danger to the community. Under this act, most cases that do not involve violent or repeat offenders will allow for bail. The bail laws vary by state. Not all states follow federal bail laws.
  
  

Features

• Most jurisdictions have a preset bail amount for minor offenses that require a trial. If the offense was a violent crime, an arraignment date will be set where a judge will decide how much bail will be. If an arraignment to set bail is scheduled, the individual will remain in jail until that time. Once bail is set, the accused can appeal for a bail reduction if he feels the bail amount is excessive.
  
  

Types

• The type of bail to be posted is at the discretion of a court or jurisdiction. With surety bonds, a bondsman will agree to pay the full amount of the bail if the accused does not appear for trial. Bondsman will ask for a percentage of the bail as payment for services. Cash bonds require payment of the full bail or a percentage to the courts. The courts will hold the bond money until the trial is over. It is then returned. A lien on property equivalent to the amount of bail set is sometimes accepted by courts and bondsmen.
  
  

Warning

• Regardless of how bail is set, the person signing the bail receipt is responsible for the entire bail amount if the accused does not appear for court. If an individual fails to appear for trial, a warrant is issued for his arrest. If he is not found after a specified time, bail is forfeited and bonds become due. Bail bondsmen often use the services of bounty hunters to locate and bring in individuals who skip bail.