The first consideration for the rights of bail in the new United States was addressed through an act introduced by the judiciary system, acknowledging that an accused person is legally guaranteed the opportunity for bail. The eighth amendment to the constitution further provided that bail not be excessive, so that it can be available to everyone, on an equal basis.
There are some stipulations to the right to bail where a capital offense is involved. Any crime that is punishable by life imprisonment, or death, is considered a capital offense. In these cases, the state may object to any kind of bail being granted to the defendant, and call for a “bail hearing” to be held. During this hearing, the prosecutor will call witnesses to the stand to testify against the defendant, and convince the judge that if the case goes to a jury, it is reasonable that the defendant will be found to be guilty. if the prosecution fails to do that, the judge is obliged to set bail. Even if the prosecution succeeds in providing sufficient evidence of the defendant’s probable guilt, the judge has the discrepancy to grant bail, if he is convinced that the defendant is responsible, and can be trusted to return to the court for trial.
Even though the bail set by the court is not legally considered to be “excessive,” some defendants may not be able to afford to pay it on their own, or with the help of family, or friends. In cases like this, the defendant may call on the services of a “professional bail bondsman,” who will take responsibility, and promise the court that the defendant will be present for all appearances leading up to, and including his trial. Although bondsmen are licensed, and court approved, they are in private business, and the terms of a contract between defendant and bondsman are civil.
Bryan Easely heads up the team at BWB Bail Bonds. Darla Schwabe is the ideal representative “home town” agent of his team. She is expert at dealing with corporate management as well as tactful negotiation, and has experienced teaching at the college level of education. You can reach Darla directly @ 719-694-5111. Visit Bryan, and all his associates on the website, www.bwbbailbonds.com.