US bail differences

bail differences - A Bail Bonding Co.

A bail bonds is essentially a guarantee that obligates the suspect to be present at all parts of the judicial process as scheduled by the court. The bail in the USA must be reasonably calculated in accordance with The Eighth Amendment that grants its citizens a right to not be charged with excessive bail. Nowadays suspects in the USA tend to hire the bail bond agents whose business revolves around bailing their clients out by pledging money and taking direct responsibility for the defendant’s court appearances. Such practice is also widespread in the Philippines.

In case the suspect fails to attend the trial, a bail bondsman may turn to a bounty hunter whose job is to find the suspect by all means necessary. This exclusive legal option is available in the States while, reasonably enough, it is outlawed in other countries. The bail system of the United States is considered to be unjust because of its discrimination against the poor which makes it a controversial issue in a modern American society.

The bail law in the USA as well as in other former British colonies originated from The Bail Act of 1898 and since then underwent several changes. In the UK, nowadays the bail does not entail pledging money. Another drastic difference between the bail bond systems in the US and countries such as Canada, the UK, and New Zealand is that, in case the defendant doesn’t attend his trial, unlike in the States, only the police are sanctioned to conduct a search for him. In New Zealand, the police also take part in deciding on granting the bail prior to the court date.

Talking about bail systems around the world, one should mention that most countries, where the presumption of innocence is the fundamental principle and is considered to be a legal priority, offer the suspects better possibilities for reasonable bail. Naturally, depending on the laws of the state, the court may deny it. In most countries, the ones who are not granted the bail are suspects with serious crimes (rape, murder etc.). In Japan, for instance, regardless of the crime, defendants can be held in detention and be interrogated by the prosecutors for 3 weeks with no charges and chances of bail. In Poland when applying for the bail, approximately 99.9% of suspects are likely to not be granted one. Society there strongly disapproves of the bail bond due to the discrimination and injustice it can impose on the poor. In such European countries as the Czech Republic and Russia, the court has a few ways to avoid holding the defendant in the detention. In both countries, depending on the crime, the suspect may be kept under a house arrest, police surveillance, etc.

Obviously, bail is not seen as the only available assurance of the trial attendance. Unfortunately, the right to be granted a bail (which can be seen as one of the most basic human rights) is misused in the countries with a high level of corruption. The court tends to grant the bail to the officials facing the corruption charges which helps them to flee the country and avoid punishment. This proves that the inadequate bail bond system requires some serious renovation in order for it to become fair and just.

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