8th Amendment & Defendant Rights

The 8th Amendment & Defendant Rights

The Eighth Amendment to the United States Constitution, one of the Bill of Rights, prohibits the government from imposing excessive bail, excessive fines or cruel and unusual punishment in criminal cases.

Because of these Constitutional rights, criminal defendants are usually entitled to post a bail bond to secure release from incarceration while a case is pending. The Founding Fathers recognized the importance of these rights and instituted the Eighth Amendment to protect a person’s liberties.


When a person is charged with a crime and arrested, a person is brought before a judge. The judge advises the defendant of their various constitutional rights and briefly explains the charges being alleged. The judge will set a bail, which is a dollar amount that may be paid in exchange for release from jail while the criminal case is pending in court. When a person posts a bail, they are expected to attend all future court hearings and to comply with the law.

The amount of bail varies in each case. Judges consider a variety of factors when determining the amount of bail. For many crimes, the bail amount cannot exceed a certain amount. Judges may also consider a person’s flight risk, the seriousness of the crime charged, criminal histories, a person’s ties to the area, their employment, and many other factors. In some cases, a judge may release a person on their own recognizance, which means that no bail is required.

The reasoning behind requiring bail is that it provides an incentive for the defendant to comply with attendance of all court hearings and other conditions set forth by the court. If the defendant fails to comply, the court could order forfeiture of the bond and potentially place the person back in jail.

Bail Bonds

While some criminal defendants are able to pay the bail amount in cash, many others lack the financial resources to do so. Fortunately, bail bonds companies are available to assist incarcerated persons with securing the funds and paying the bail amount. Bail bonds companies can make agreements with individuals to post the bail amount in exchange for payment of a portion of the bail from the defendant.

When a person is arrested and a bail amount is established, that person can contact a bail bonds company to discuss various arrangements. Many bail bonds companies will offer different payment arrangements to assist others with securing the necessary bond amount. Many bail bonds companies operate 24 hours a day and 7 days a week and are readily available to answer calls.

Typically a percentage of the total bail amount must be paid to the bail bonds company. The percentage required depends on the particular bail bonds company and the defendant’s situation. In addition to the up front payment, the bail bonds company may also have additional requirements that must be agreed to before the bail can be posted.

Bail bonds companies are subject to a variety of laws that govern the industry. These laws help prevent bail bonds companies from taking advantage of those who are in desperate situations. The laws also help ensure that the process is fair and legal. By working with a licensed bail bonds company, you can be confident that bail can by posted in compliance with the law.

For those who have been arrested, or have loved ones who have been arrested, it is helpful to contact a bail bonds company to learn more about what options may be available. If you have difficulty securing the necessary funds to post bail, a bail bonds company may be able to assist with payment arrangements. A bail bonds representative can explain the bail bonds process, so you are able to understand what is taking place and to make informed decisions.

Contact a bail bonds company to learn more about the process or to make arrangements to post a bond. By consulting with a bail bonds company, you can help secure a person’s release from incarceration.

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