Excessive bail shall not be required, nor excessive fines imposed
There are people in our communities who have been arrested and don’t have the funds to pay the full bail amount as determined by the courts; this is where the bail bonds company (bail bondsman) comes into effect. The bail bondsman provides a bond in the full amount of bail, at a nominal fee. This allows the defendant to be released from jail in order to get back to work, family and life, etc.
Simply put, the courts cannot assign a defendant an excessive amount of bail. If this were possible, a judge or prosecutor would assume a defendant is instantly guilty and enforce a bail payment out of bounds, or, excessive to the situation.
The Eighth Amendment adopted into the Bill of Rights in 1791. While the Eighth Amendment has been interpreted to mean that bail should meet the offense. In our modern court system, almost all crimes can have a bail rate set; but there are bail amounts that may seem excessive. This is why almost all states have a bond system in place.
The 8th Amendment about bail bond rights reads:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Wherein bail is simply used to ensure a defendant returns to court to answer the charges against them.
Courts consider the following in determining bail:
- The severity of the offense(s)
- The level of evidence gathered against the defendant
- The defendants family and employment ties and other commitments
- If the defendant is able to furnish the bond amount
- If there is any possibility for the defendant to flee
If you think your bail bond rights have been violated and you want to speak with an attorney, visit this civil and criminal defense attorneys today and post your legal question free:
More information about bail bond rights and excessive bail to help you better understand how bail works and your bail bond rights according to the 8th Amendment to the US Constitution.