How our 8th Amendment Protects Us.

How USA constitution’s 8th amendment relates to modern day bail bond
The USA constitution 8th amendment states that “excessive bail shall not be imposed”. The judges must ensure that the bails imposed on the accused are not oppressive or unreasonable. For this reason, the judge must consider several factors before coming up with a bail cost. Some of the issues to consider are the extent of the offense, weight of evidence, probability of an accused running away, and nature of the defendant’s commitment to the accused. The process of coming up with a bail for an accused goes through many channels. Bail bonds are used to promote the notion that one is innocent until proven guilty. The bail bond ensures that the accused is committed to attending the trial, or the bail will be forfeited.bbapic2
First of all, the accused must decide whether he or she needs a bail bond. If the accused does not need a bail bond, he or she will stay in jail until the trial date. When the accused decides to take a bail bond, they contact a bail bond agency. The bail bonds Albuquerque agency assigns them a bail bond agent who walks them on the process of acquiring the bail bond. If the accused is not able to raise the given cost of the bail, then the Albuquerque bail bonds agent will have to take a security of any sort similar to the amount of bail given to the accused. The bail bond agent links with the judge concerning the amount of the bail to be paid by the suspect. From there on, the bail bondsman is responsible for the accused appearing in court for trial. If the accused runs away, the bail bondsman can hire a bounty hunter to hunt down the suspect who will answer to the charges on him and additional charges for running away.images
How cost of a bail is decided
The judge may or may not warrant for a bail. Not all cases will be given a bail and the bail to set on the accused must not be excessive. This bail must be given against the type of crime committed by the individual. There is no set value of bail for any particular crime; so it up to the judge to make a choice on the cost of the bail bond. The judge is always careful when putting up the bail so as not to jeopardize the case and risk the victims and witnesses to it. The judge considers the factors mentioned above and many others. If the accused has left a lot of evidence as to the case and there is the likelihood of conviction, the bail may not be awarded to the accused. If the ties to the community are so high that the community might help the accused flee, then a bail is not offered. The judge looks at the previous criminal record; and if there was any form of cooperation when the accused was given a bail bond, the bail can be frequently reviewed concerning the case.
How the USA constitution 8th amendment relates to modern day bail bond.
Bail is money or property that an accused person gives to court assuring return for hearing on a particular set date and time. When the accused fails to show up for the hearing, the bail is forfeited. The bail is offered to an accused depending on the seriousness of the case and the probability of them returning for trial. More serious cases attract higher bails. The bail gives the defendant enough time to prepare for defense that cannot be done in jail. However, the amount of bail requested by the judge must be in line with the constitution’s 8th amendment. This is where excessive charges are not to be imposed on the accused. Every accused individual has a right to a bail bond, but that does not mean that they will be awarded it. The bail must not be so high as to affect the freedom of the accused person who is considered innocent until proven guilty.
Factors considered when awarding a bail
1. Seriousness of the offense
Far-reaching offenses usually attract high amount of bail and at times may lead to the refusal of bail to be awarded. The judge is the one to consider if the case is serious or not. If the criminal activity involves violence such as terrorism, or involves a minor, or controlled substances, explosives or destructive devices, the accused may not be awarded a bail.
2. Weight of evidence against the accused
The amount of evidence against the accused will determine the amount of bail awarded to the individual. If the evidence is substantial enough to justify conviction, a judge will warrant a higher bail amount or refuse to give the person bail. If the accused has come into contact with the evidence, a bail may not be awarded.
3. Nature of seriousness of danger the accused possess to the community
If the accused is released and may cause danger to the community especially the victims and witnesses a bail may or may not be awarded. The bail is awarded, but with certain conditions and is usually high. The person is may be given a house arrest or a restriction order against certain people. Failure to obey these conditions will warrant other charges against the accused. A bail is not awarded if the accused is known not to follow the condition of bail to the accused. For this case, the accused is kept in custody pending trial.
4. Criminal and history record of the accused
In this case the award of bail is awarded depending on the accused past obedience to bail or other issues such as they character, family ties, employment, financial resources, physical and mental condition, community ties and so on.
5. Possibility of the accused to flee
When the accused can to flee after being awarded a bail bond, then it will not be awarded or may involve the use of a third party individual. This is the use of bail bondsman working for a bail bond agency who may hire a bounty hunter to bring the accused to be tried.