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Why Do Bail Laws Change?

The constitution makes provisions for bail bonds under the Eighth Amendment. It states that excessive bail is not allowed in areas where bail is permitted. Also, the Sixth Amendment allows a defendant who is being charged with a crime the right to know what they are being charged with, and then they can ask for bail if the charge falls under the category as a bailable offense. It’s true that each state has jurisdiction over their own bail laws, but they also have to comply with the federal regulations too.

There has been much debate over the bail and criminal justice systems methods. States have made many changes to adjust accordingly, but they still must fall under the compliance of the federal laws. The laws are constantly being revamped because authorities are overstepping their rights and stepping on the rights of those who have been accused of a crime. Some things that have changed are the difference between a bailable and a non-bailable offense. It is all based upon how heinous the crime is and how many offenses the person has been charged with.

Sometimes, the laws must be changed due to the bail bondsmen’s actions. Some of these agents take the law into their own hands and go too far. They often act in a way that is not lawful, and because of this the state has had to change laws to protect the criminals. When setting a bail bond, he judge must review the laws. The judge has the authority to place a crime under a non-bailable offense. If the crime was particularly horrific or the judge has some other data that shows the person is a flight risk, they can deny bail or set it at a higher amount.

State Laws

When the state laws change, the bail laws often change along with them. Nearly all of the 50 states have a policy called “three strikes.” This means people who are constantly doing the same crimes over and over, will not be granted bail when they hit the “third strike.” The state laws must show the usage of the rule before it can be implemented.

Public Opinion

Though some don’t understand how this system works, the public option does have much bearing over the bail laws. For instance, if a person committed a crime like rape, the public can influence the judge. Even though rape is considered to be a bailable offense, the judge can listen to the public’s cry to deny bail. The general public’s well-being is important to the legal system. The judge can see a pattern in accused crimes and thus the bail laws may need to be amended to reflect the bail amount for the criminal’s behavior.

Bill laws change frequently, as does the legal systems and its laws. When crimes become more heinous, the criminals become more clever, and the public’s safety is a big concern; the laws must be adjusted to protect all involved. If the laws didn’t change, they would be outdated and unable to protect the modern-day criminals and citizen.

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Bail Bond Rates

In general, the standard industry rate for bail bonds is 10% of the face amount of bail. For example, if the face amount of bail is $10,000, the fee is $1,000. Read More


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