The history of bail bonds can be seen from the very formation of the United States. What is important to understand about the United States legal system is that it is derived from its European roots. It is for this reason that there are a plethora of statutes and legal theories that have traveled across the Atlantic Ocean and made there way into the United States legal culture. The reason for this is that the founding fathers needed to form a government quickly in the wake of the revolution. Thus, one of the principles that was adopted was the practice of bail bonds in the new government that was forming in the United States.

Bail bonds have been in practice in the British legal system for centuries. In fact, in medieval times, there were too many prisoners that were in jail and a decision had to be made as to which criminals to keep in jail. What made the process flawed was that many of the criminals did not want to turn up to trials when their punishments were torture and being burned at the stake. For this reason, there had to be a way to motivate the criminals who were released to return to jail.

What was the problem with the decision making of which criminals to release in society was that too much power was left to the local sheriff about which criminals to release. This led to a great deal of corruption with sheriffs having too much power to choose which criminals to release based on brides. In 1275, the Parliament passed the statute of Westminster to take away some of the authority sheriffs. The statute indicated which crimes were bailable offenses and which ones were not. This statute created a great deal of clarity and did not have any amendments for hundreds of years.

The United States implicated this practice in its new government. However, the practice was not officially codified until almost 200 years later. The United States Congress passed the Bail Reform Act of 1966. The Bail Reform Act of 1966 stated that any defendant that was in the midst of facing trial for a non-capital offense should be released “on his personal recognizance” or on personal bond. That being said, if the court had the instinct that the defendant could possibly leave town, the judge would then have the authority to choose a more restrictive option that would potentially limit the defendant’s travel and/or executing an appearance bond that would be refunded when the defendant successfully appeared in court.

The legal concept of bail bonds has a fascinating history in the United States given its English roots that have been in place for centuries. The logic behind bail bonds has been an incredible contribution to the criminal justice system because it was one of the theories that led away from some of the harsher punishments in England. By eliminating one of the elements of corruption associated with these offenses it allowed the criminal justice system to evolve into the model we see today that promotes a more just trial and incarceration system. By utilizing bail bonds, the criminal justice system has greatly benefited as a whole and will do so for the years to come.

Bail is a set amount of money that is given to a court to ensure that a criminal defendant will return for a court appearance after an arrest. Though we often hear about bail in criminal proceedings, and that a judge has set bail at a certain amount, it can be hard for those outside of the legal profession to understand how the process works and how a judge decides what’s an appropriate amount. How is the amount of bail needed to ensure that the defendant will return to court set? What are the factors involved?

Here’s an overview of the key points that will be considered when a judge sets bail. The judge will take into consideration:

The nature of the crime committed and the circumstances surrounding it.

The evidence that exists against the defendant, and how likely it is to lead to conviction.

The defendant’s history in a community as well as family ties, their mental state, their finances and employment history.

The past and present conduct of the defendant, including whether or not they have ever been convicted of a crime, and if they ever failed to appear when called to court.

The defendant’s criminal history and the chance that they will be a threat to the community if they are released after an arrest.

A defendant’s criminal status. This is a major factor in setting bail. If the defendant is currently already on parole, on probation or on release from another crime, these factors will definitely impact the amount of bail set.

The source of a defendant’s finances. This is a factor especially if their income seems to stem from a history of criminal activity.

If the arrest is on a drug related charge. If drugs are involved, the street value of the drugs will have a definite impact on the amount of bail set. A high value on the drugs would indicate a high level of bail, as the higher level points to more serious charges against the defendant.

In general, the law gives a judge great leeway in setting bail, as judges are allowed to consider any other factors that seem relevant to the case, above and beyond the factors listed above.

Once bail is set, the defendant must endure a booking process, and then post the bail, or arrange to have it posted for them. On release, the defendant will wait for an arraignment of their case.

If a defendant is not deemed a “flight risk” by the court, that is to say, the judge does not believe that the defendant would fail to show up for their scheduled court appearance, they may be released on their own “recognizance.” In that case, they would be expected to appear in court and be responsible for getting there at the appointed time and day.

All the above factors have a lot to do with the dollar amount that is set for a defendant’s bail, but clearly, the judge in the case has the ultimate power to set that amount, according to their understanding of the nature of the crime and the defendant’s character.