justinacolmena
Gold Member
- Banned
- #1
Every local courthouse in the U.S.A. is surrounded by at least half a dozen or so bail bonds agencies. There is no competition because the premium is fixed, usually at 10%, by the court.
Not only must the defendant pay the 10% premium, but generally put up collateral for the bail as well, because the court only accepts cash, not collateral, as bail.
"Reasonable" bail is set by the defendant's ability to pay the 10% premium, which is non-refundable even if the defendant is found not guilty.
Such bail is not only excessive, but in the effect, an arbitrary and excessive fine the defendant must pay, whether found guilty or not guilty.
Defendants forfeit bail at the smallest infraction, even for being a few seconds late to court, or experiencing an accident or other hardship. Defendants who forfeit bail are subjected to arbitrary, notorious, and merciless violence at the mercy of bail bondsmen and law officers who work closely but outside the law with them.
A reasonable definition of "excessive" is required for bail, so that any bail too high for the defendant to independently afford is considered excessive unless it is clearly the intent of the court to deny bail outright.
The ability of a defendant's family, friends, and political allies -- other than a married spouse with respect to common property -- to post bail on the defendant's behalf is not, in general, appropriate, because this yields probable cause that the defendant was not acting of his or her own free will to commit the alleged crime.
Are there any thoughts or suggestions on this matter?
Not only must the defendant pay the 10% premium, but generally put up collateral for the bail as well, because the court only accepts cash, not collateral, as bail.
"Reasonable" bail is set by the defendant's ability to pay the 10% premium, which is non-refundable even if the defendant is found not guilty.
Such bail is not only excessive, but in the effect, an arbitrary and excessive fine the defendant must pay, whether found guilty or not guilty.
Defendants forfeit bail at the smallest infraction, even for being a few seconds late to court, or experiencing an accident or other hardship. Defendants who forfeit bail are subjected to arbitrary, notorious, and merciless violence at the mercy of bail bondsmen and law officers who work closely but outside the law with them.
- The 8th Amendment of the U.S. Constitution
- Eighth Amendment
- Eighth Amendment - U.S. Constitution - FindLaw
A reasonable definition of "excessive" is required for bail, so that any bail too high for the defendant to independently afford is considered excessive unless it is clearly the intent of the court to deny bail outright.
The ability of a defendant's family, friends, and political allies -- other than a married spouse with respect to common property -- to post bail on the defendant's behalf is not, in general, appropriate, because this yields probable cause that the defendant was not acting of his or her own free will to commit the alleged crime.
Are there any thoughts or suggestions on this matter?