"Excessive bail shall not be required," opens the 8th Amendment to the US Constitution. In that regard, the concept of bailbonds has been enshrined in our country since its inception, written directly into the Bill of Rights. The concept harkens back to a time when it was common to keep a defendant imprisoned for weeks, months, or years while awaiting trial. This tactic was often used by the authorities as a way to jail those against whom they lacked sufficient evidence to convict. Bailbonds locations are now an almost-universal sight near most courthouses. But their portrayal in the news and entertainment media may have distorted the impression many Americans have of this vital industry. An explanation of the following 3 common misconceptions about bailbonds should clear up much of the confusion surrounding this important legal right.
Bailbonds are a way to "cheat the system"
As shown before, bailbonds are specifically guaranteed in the US Constitution. Every defendant is guaranteed the right of an opportunity to obtain bail. A recent Indiana Supreme Court decision struck down an old practice of denying bond to accused murderers. Bail is a right every bit as important as free speech or freedom of religion. A defendant may also be able to assist his or her attorney in preparing their defense much more effectively from outside of jail. Taxpayers are also saved from the impossibly staggering cost of housing and feeding every defendant while awaiting trial.
Bailbonds let criminals back out on the street
Another principle expressed in the US Constitution is that every defendant is innocent until proven guilty. The simple fact that a person has been arrested and charged with a crime does not make them a criminal. Often, a court or a bondsman will impose certain conditions or restrictions on a defendant as a condition of their bond. These conditions, which can include driving restrictions, alcohol and drug testing, house arrest, or curfews, significantly reduce the risk to the public that a defendant may re-offend during their bond.
The bailbond industry is "shady"
Experts at Columbus Bailbonds remind us that the bailbond industry is a vital and integral partner with the courts and law enforcement. In addition to being highly regulated by state and local governments, bailbondsmen are professionals who take pride in their work, despite some "colorful" television personalities that might portray the opposite. Bailbondsmen provide active and consistent monitoring of defendants while on release without cost to the taxpayer.
