After the American colonists declared independence from England in 1776, bail law remained mostly unchanged from 1789 to 1966, according to the Bail Resource Center & Career Academy.
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Congress passed the Bail Reform Act of 1966 in an effort to allow defendants to be released from jail with as small a financial burden as possible, and the Bail Reform Act of 1984 to close a serious loophole in the previous act.
“The Bail Reform Acts of 1966 and 1984 really helped shape the way bail works in America today,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “Before the 1966 act was passed, the bail system could– and often did –hurt people instead of helping them.”
For example, during a speech before the act was signed, President Lyndon B. Johnson told the story of a man who lost everything during the time he spent in jail before he was cleared of all charges.
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“A man spent two months in jail before being acquitted,” Johnson stated in the speech, according to the Bail Resource Center & Career Academy. “In that period, he lost his job, he lost his car, he lost his family– it was split up. He did not find another job, following that, for four months.”
“Sadly, this man’s story was not uncommon before the Bail Reform Act of 1966,” Chavez said. “The bail system was basically biased against the poor, and as a result, the jails were filled with people– sometimes innocent –who should have been out on bail, but just couldn’t afford it.”
Despite the well-intended nature of the act, a major revision to the U.S. bail system was needed to close a serious loophole that allowed many dangerous suspects to receive bail if they did not appear to be flight risks.
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The Bail Reform Act of 1984 continued to overturn discrimination against the poor, but added the stipulation that defendants judged to be dangerous to the community should be denied bail and held until trial.
The revised act also established new categories of who could be held without bail– mostly those charged with very serious crimes, repeat offenders, the potentially dangerous and those who might be flight risks.
“The new act also granted defendants eligible for bail the right to a bail hearing,” Chavez said.
She continued, “At All American Bail Bonds in Santa Clarita, we can answer any questions you may have about the bail system and U.S. bail law, and are available 24-7 to walk you through the process if you or your loved one is arrested and charged with a crime.”
Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy
Ed. Note: This article is a KHTS Feature story based on a recent interview with All American Bail Bonds in Santa Clarita.
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