We’ve discussed what bail is, how bail bonds work, and various basic aspects of the court process in past blogs. But you may have one more question on your mind: why bail bonds exist.
It’s clear how they work, but what’s the true purpose of having bail and bail bonds at all? … It’s about more than you think.
6 Reasons Why Bail Bonds Exist
1. Assurance that the defendant will return to court is a must.
Regardless of the severity of the crime, the courts need some kind of assurance that the defendant will return for court hearings. When a defendant, a defendant’s friend, or a bail bondsman puts up bail, the money can be returned upon completion of the case. That won’t happen if the defendant skips bail.
2. They maintain a defendant’s right to due process.
One of the greatest values of the American criminal justice system is that of a defendant being considered innocent until proven guilty. In fact, trials are based on this principle, as shown by the need for a prosecuting attorney to prove guilt more than a defense attorney’s need to prove the defendant’s innocence. In other words, the trial begins with everyone believing that the defendant is innocent, so there’s no need to prove it – although there’s still a need for defense.
Without bail, an “innocent” person would have to remain in jail, and based on this principle, that’s not just.
3. They safeguard against cruel and unusual punishment.
Along those lines, having an “innocent” person in jail could possibly be described as cruel punishment, especially if the arrest resulted in negative consequences such as the loss of a job or a family hardship. The Eighth Amendment of the U.S. Constitution states that neither excessive fines nor cruel and unusual punishment should be imposed.
4. The defendant can continue to go to work and handle other responsibilities.
Depending on the type and severity of the case, the court process can take anywhere from several weeks to a few years. Allowing the release of the prisoner means he or she can hold onto a job, continue to pay the bills, and maintain other responsibilities.
5. The defendant can better communicate with a defense attorney.
The right to an attorney is another crucial aspect of the criminal justice system. Being free from jail allows a defendant to better communicate with the attorney and others involved in the defense process.
6. They free up the jail cells.
If not released on bail, a defendant is likely to be held in a city jail or county jail until the court dates. With overcrowded county jails and limited space in police stations, allowing a prisoner to be released on bail frees up the space for the next person who is arrested.
Contact Us to Learn More
For more information about why bail bonds exist, how bail bonds work, or the general basics about court procedures, see our blog page or contact one of our Detroit Bail Bonds agents. We can be reached online or by phone at (313) 244-0669.
