What Makes a Bail Bondsman a Bail Bondsman?
Often times when I tell people work for a bail bond company I get a reaction equivalent to what I believe a doctor or lawyer would receive in social conversation. People are intrigued, they are curious, and want to know more about the bail business, how it works, what happens to people if they don’t go to court, how does a bounty hunter do his wok, and what about all that money? However, the most perplexing question is, “Why is a bail bondsman a bail bondsman?” Most people think it’s about the fast and easy money. Just like any business the goal is to make money; however, the answer is much deeper and relies on an understanding of the American justice system.
First and foremost, a bail bondsman has to believe in the premise that a person is innocent until proven guilty. Whether the defendant committed the crime is irrelevant, although bondsman must weigh in many factors when considering the validity of each bond; such as, the charges, prior convictions and the character of the individual. A bondsman, just like an attorney, has to do a job without allowing their emotions to take over the situation. A bondsman has to believe in our court system and the checks and balances it provides to every American, because every American has the right to a trial by jury and to present their defense in court.
Bail, however, goes back a long way.
Before the days of proceedings, constitutions, and rights guaranteed to citizens, corrupt law enforcement would arrest people and hold them for personal or political gain. During the medieval days, this was a common occurrence. However, laws were passed to prevent this and those laws from England found their way to the Americas. The United States adopted a lot of British common laws, and the concept of bail was one. The Eighth Amendment implies the right to bail, thus everyone knows it exists, although it was never defined in the constitution.
So why does a bondsman post bail? It’s because each bail bondsman believes in truth, justice, and the American way. The bondsman believes that as an individual, he or she is guaranteed the right to a defense, and for the most part, the right to bail1. This allows a person to go back to their life, keep their business/job/family in order, and prepare for a defense by the state. Life never stops for bad times, and bail allows people to keep life moving forward, even when a person is accused of a crime.
Benjamin Franklin once said, “It is better for ten guilty men to go free, than for one innocent man to go to jail.” By having a bail system in the United States, the idea gives meaning to liberty and justice for all.
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1. The right to bail is not guaranteed when faced with certain crimes. These crimes vary from state to state, but usually include murder. If the judge feels that the defendant is likely to run, the judge will also deny bail.