Why bail is constitutionally protected

bail constitution colorado

Any person arrested in America may be granted bail bond by a judge to enable them to regain freedom as they await the trial of their case. A bail bond is enshrined in the United States constitution. As such, it is the right of every citizen to be granted bail. However, a judge will have to consider several factors before granting you bail.

The following are some of the tenets of a bail bond as enshrined in the constitution:

The Eighth Amendment

The Eighth Amendment brought far-reaching bail bond reforms. The reforms sought to prohibit excess bail requirements and fines that courts granted the accused persons. It also prevents the use of torture as a punishment against the defendants.

 Why bail is constitutionally protected

Before the Eighth Amendment, the court had the leeway in setting bail amounts for the accused. There was a noted rise in abuse of power, with the courts setting unfair bail amounts to some defendants. Parliament came up with the amendment to protect the defendants from unfair exploitation from absurd bail amounts that some courts were demanding before they could release a defendant.

bail constitution colorado

The Eighth Amendment came up with a guiding principle which stated that there are offenses that can be bailed and those which can’t be bailed. It also specified that there was no necessity in granting excessive bail. You can, therefore, get a reasonable bail amount if you use a competent attorney or a bail bond company.

Parliament also enacted laws to protect minors and the mentally ill from excessive bail bonds and fines. The protection is anchored on the reasoning that any penalty to them may not be productive since they don’t understand their crime in the first place. You can contact a licensed bail bond company to advise you on the benefits you enjoy when it comes to bail bonds as enshrined in the constitution.


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