BY Jesse Black | November 24, 2021

Throughout the history of America, bail has been a central part of our judicial system. However, the concept of bail began way before the United States was established. In this article, we’ll talk about how bail came about in the United States and how it’s transformed throughout the years.

Where Did The Idea Of Bail Come From?

The idea of bail originated in England more than 1,000 years ago! The courts in England realized that a defendant in a criminal case might try to leave before the trial if they were released. In order to ensure that they would show up, they had to find a family member or friend or who would promise to pay the crime victims if the defendant fled before trial. However, the United States didn’t practice the idea of bail until it gained its independence.

The First United States Bail Law of 1789

In 1789, America passed its first law surrounding bail, also known as the Judiciary Act of 1789. While states had already been practicing the concept of bail, there wasn’t any official law or direction from the government. The first United States bail law said that defendants could be released if they agreed to appear in court and paid bail. The only exception to receiving bail was if they committed a very serious crime, such as murder. However, the release of these criminal suspects didn’t always go as planned because it gave them the opportunity to flee before trial.

Bondsmen Companies Established in 1898

More than 100 years had passed before the first bails bond company was established. Before that, defendants had to either pay the bail themselves or have a family member help them out. Then, in 1898, the first bail bond agency was created in San Francisco, California. This company became extremely busy, with many people using their services to get out of jail when they couldn’t afford bail themselves. When the rest of the country realized how successful this type of business could be, bail bond companies began to form around the United States.

The Bail Reform Act Of 1966

Until the Bail Reform Act of 1966, there weren’t actually any guidelines or laws established surrounding bail and what it should look like, even though bail was still required for any crime that wasn’t too serious.

The original idea behind bail was to ensure that people wouldn’t flee or run away before they went to trial. However, if they couldn’t pay for the bail, they would have to wait in jail. This new law eliminated the idea of holding someone until they could pay for their bail. This means that when someone was accused of a crime, they would be processed at the jail and released freely. The only way that someone could be kept in prison was if enough evidence could be provided to show that the criminal might try to flee before trial, but often there was not enough proof to keep the defendant in jail.

Comprehensive Crime Control Act of 1984

As you might have guessed, the idea of letting defendants go free without bail didn’t last for a long time. Less than twenty years later, the Comprehensive Crime Control Act of 1984 was passed. The goal of this act was to establish guidelines for bail so that courts would have a set standard on how to handle people who were accused of crimes. This also helped defendants get out of jail quickly because they knew the criteria for doing so.

Under this new act, the courts would consider whether the defendant was a threat to the community, whether they could be trusted to show up for their court date, and their prior criminal record. This would allow a judge to control whether they could be released out on bail and how much bail would be set for. Bail was now a measure used to guarantee that the public was protected from dangerous criminals and ensure defendants would show up for their trial.

The Current Bail System In The United States

While it may seem like the United States has had different views on bail, these changes were often made to make sure justice was served. These days, several factors go into decisions about whether or not someone can be released out of jail before their trial date and what kind of bail they’ll have to pay if they choose to leave.

Every state is required under federal law to establish a pretrial release system by judges who consider many factors when making this decision, including public safety and flight risk, which means whether or not the defendant will show up for court. Since people accused of crimes aren’t always deemed trustworthy enough to let them walk around freely without having some sort of supervision, defendants might also be ordered by the judge to be put on pretrial supervision.

The Future Of Bail In The United States

As you can see, the idea of bail has changed over time in order to make things more straightforward for defendants while still keeping the public safe from criminals who could potentially hurt them or others around them if they are released back into society without some sort of control.

While there’s always room for change when it comes to laws related to justice and fairness, this system is an efficient way that courts can ensure people who have been accused of crimes will get their day in court while also making sure they’re not just being let go without any consequences since most people don’t want dangerous individuals walking around freely.

Need Help With Bail? Contact Future Bail Bonds Today!

Need help with bail for yourself or a loved one? Contact Future Bail Bonds today! We’re here to provide you with the best customer service and representation possible. With years of experience, we know what it takes to get our clients out as quickly as possible so they can fight their cases from outside of jail.