How Surety Bonds in Saratoga Springs, NY Work as a Substitute for Cash Bail in the Court System
- August 22, 2019
The Eighth Amendment to the U.S. Constitution prohibits excessive bail but leaves out a precise definition of what excessive means. That means a large number of defendants cannot pay cash bail because it is set far beyond what they could afford even with the help of family and friends. They may have the option of surety bonds in Saratoga Springs, NY instead of cash bail. When a bond has been posted to the court by an organization like Business Name, that bond is returned to the agency when the case ends.
The Original Concept
The original concept of bail was to ensure a defendant would appear at trial after being released from jail. Since bail is refunded when the case ends, the money provides a strong incentive not to flee. But what about defendants who cannot pay bail? Some states do not even have bail bonds agencies available. Fortunately, in New York, surety bonds in Saratoga Springs, NY can be obtained for a percentage of the bail, although the service fee is not refunded.
The early idea of bail as an effective measure may have been valid, but the money has always been a problem for people with little in the way of savings. The concept of a bail bond may have originated centuries ago the first time someone offered to take the place of a defendant who did not appear for trial. This may have been done by a relative or close friend as a guarantee of the defendant's reliability.
The Setting of Bail
Many bail amounts are set by a schedule developed by the jurisdiction. Others, however, are set by a judge who has the discretion to choose a low or high amount, to release a defendant without bail, or to deny release altogether. Rarely is the person's financial situation considered? This makes little sense, as the loss of $2,000 to a low-income person may essentially be equivalent to the loss of $20,000 for a middle-class defendant if either skips town. Anyone needing help with getting a loved one out of jail may click here to get started.