According to an established principle in the United States, an individual charged by a judge must, without exception, remain free pending trial on the basis of the presumption of innocence. The US Court relies heavily on bail to ensure the accountability of those charged. Hiring a Bail Bondsman in Atlanta is today more and more decried. The Obama administration called this system discriminatory towards the poor. But is it?
Not surprisingly, the United States inherited England’s bonding system. This institution, which would be as old as English law, would go back to the period prior to the conquest of England by William the Conqueror in 1066. The origin of the bail system is not clearly determined. It is generally linked to the will of the “sheriff” not wanting to bear responsibility for the absence of an accused at the time of trial. Thus, in order to guarantee the appearance of the accused during his or her trial, a person could be a guarantor (Bail Bondsman in Atlanta) for the accused.
The Bail Reform Act, passed in 1984 by Congress, calls into question the 1966 law and now allows federal judges to place individuals in custody to ensure the safety of the community. In the United States v. Salerno case of 1987, the Supreme Court upheld these provisions, calling neither due process nor the VIII Amendment of the Constitution into question. The purpose of a bond is to ensure that the accused will appear at their hearings. Once the charges have been notified to the arrested person, the question arises as to his or her release pending the hearing, and, if so, under what conditions.
The judge may release the defendant without bond payment in return for his or her promise to appear in court on the designated day. This decision is most often pronounced if it is a small offense, or if the person has no criminal background and is guaranteed representation. This decision may be accompanied by other obligations and/or prohibitions (prohibition of contact with witnesses, removal from the county or state, consumption of alcohol or drugs, possession of a weapon, etc.). Visit us website for more information.
