BY | March 17, 2025

Many people do not understand lawmakers' philosophical and intellectual efforts to create a modern legal justice system that is fair to all. Lawmakers of all ages have been attempting to resolve the problem of how you, the defendant, can stay free before you receive a judgment for the alleged charge.

The concept of bail bonds resulted from several years of debate on the best way to protect your innocence before a judge decides whether the allegations you are up against are true. Over the years, the system has evolved, allowing you to partner with a bail bondsman to secure your freedom on bond if you cannot afford cash bail or an equivalent property.

While many people understand they have an option of working with a bail bondsman upon arrest to secure their freedom, others do not understand the history of bail bonds and the evolution of the bail system.

Bail Bonds at a Glance

Bail bonds are essential to the legal system, allowing defendants to secure release while awaiting trial or judgment. Specifically, a bail bond is a contract between you, the defendant, a cosigner (someone posting bail on your behalf), and the judge.

This agreement ensures your appearance at the scheduled hearings once you receive your temporary freedom before your case’s judgment. Conversely, bail refers to the monetary amount that acts as security for your temporary freedom as you wait for your case’s hearing date.

Generally, it is upon the judge to determine whether or not you qualify to receive your pretrial release on bail. Some of the factors the judge will consider when making this decision include the following:

• Your likelihood of fleeing the country or state upon your release
• The seriousness and nature of the alleged offense
• Whether you have community or family ties
• Your history of skipping bail upon arrest
• Your criminal record
• Your behavior in court

After determining your eligibility for bail and the amount you should deposit, the court could accept a bail bond if you cannot afford cash bail or an equivalent valuable property to act as security for your pretrial release. A bail bond is issued by a third party, also known as a bail bondsman.

A bail bondsman will enter an agreement with the court agreeing to pay your bail price when you jump bail or fail to show up on your scheduled hearing dates as required to challenge the allegations you are up against. In exchange for this valuable service, your bail bondsman will expect you to pay ten percent of your bail price as a premium. Unlike bail, this premium is non-refundable once your case ends.

On top of that, the bail bondsman could also require collateral, which he/she can seize in case you fail to make your court appearances. Collateral must be any valuable property that exceeds your total bail amount. A vehicle, boat, house, or valuable jewelry are examples of items or properties you can use as collateral for your release.

The evolution of the bail system has made it possible for third parties (bail bondsmen) to post bail on your behalf if you are under arrest for an alleged offense and cannot afford bail. Researching the history of bail bonds could be helpful if you want to understand the changes that have occurred over the years.

Bail Bonds' English Roots

The concept of bail has a rich and lengthy history, dating back thousands of years in ancient civilizations. While they have evolved significantly, the bail laws originated in England before the country developed as it is today. As a colonial power, the U.S. copied England's bail rules.

Before the thirteenth century, defendants charged with non-capital offenses (offenses that would not require a death sentence upon conviction) had the legal right to secure freedom before their trial dates. However, because of frequent abuse of the bail system, the law changed in 1275. The parliament established several standards for determining bail to harmonize the system.

How much you would pay as bail would be determined based on the severity of the offense, your criminal history, and the likelihood of receiving a conviction for the alleged offense. When people from England colonized North America, they brought their laws with them, which positively impacted the evolution of the bail system in the country.

The Bail Law of 1789

The first bail law in the country was the Judiciary Act of 1789. Even though bail was in use before the passage of this law, the government had not yet adopted a legal position on the matter. This law established that judges must set bail for non-capital offenses. However, judges had complete discretion on which case qualifies you for a release from jail on bail.

To that end, any person under arrest or charged with a non-serious offense would qualify for a release from jail on bail to await their case trial while at home. Historically, some courts attempted to keep non-capital offenders behind bars by setting a high bail for their cases.

The Constitution's Eighth Amendment tried to stop this by illegalizing excessive bail. Nevertheless, the Supreme Court did not impose all of these restrictions in every state.

Bail Bonds in America

Adopting the 1789 bail law did not mean the nation's bail system was dormant then. It took another century for the nation's first bail bondsman to begin his/her bail bond services business. In 1898, the first bail bondsman established himself in San Francisco, California.

After establishing this first bail bond shop, it was not long before the rest of the country realized how helpful the services of a bail bondsman were, and that is how bail bond agencies started popping up all over the country.

The availability of bail bonds in America today allows you to secure your freedom pending the outcome of your case using the services of a bail bondsman if you are indigent or do not want to put your money on the line for your freedom.

The 1966 Bail Reformation

As mentioned above, the history of bail bonds is rich and lengthy. In 1966, the Bail Reform Act was enacted to create uniform guidelines for pretrial release. While the judge required defendants to post bail to secure their freedom upon arrest, there were no federal regulations governing what bail should appear like until the 1966 Bail Reform Act was enacted.

This new law allowed you to secure your freedom on your Own Recognizance (O.R.) release if the alleged offense is non-serious or non-capital, meaning you do not have to post bail. According to this new law, if offering you an O.R. release was not enough to assure your future court appearance, the judge has the right to set more strict terms for your release from jail. Examples of these terms include the following:

• Restrictions on travel if there are chances that you can flee the country upon your release from jail
• Restrictions on your associations after release
• Agree to regular check-ins with a probation officer
• Agree to surrender collateral

These restrictions are vital in ensuring those who receive a release from jail on bail would later make their court appearances as required to challenge the allegations they are up against. The restrictions also ensured that those who secured their pretrial release on bail did not pose safety or security issues to the public.

However, several people criticized the provisions of the 1966 Bail Reform Act because of the likelihood of defendants reoffending after receiving an O.R. release from jail. In 1969, the Judicial Council committee carefully examined the issues associated with second-generation bail law.

According to this committee, the judges should also consider your dangerousness before allowing you to secure a pretrial release on bail, even when charged with a non-capital offense. This committee's proposals were implemented in 1970 in the District of Columbia, allowing the court to consider your likelihood of fleeing the state or country and dangerousness before allowing you to secure your freedom on bail.

The 1984 Bail Reform Act

As the evolution of the bail system continued, more changes to the bail laws were necessary to streamline the process and ensure court appearances after defendants secured a release from the detention facility on bail. The 1984 Bail Reform Act introduced several other factors and circumstances the judge should consider before granting a defendant a release from the detention facility on bail.

For example, you would not be eligible for a release from jail on bail when you have a criminal charge for:

• A violent offense that would attract a jail term of ten (10) or more years
• An offense that would attract a life in jail or death penalty
• A drug offense with more than ten years of jail time upon conviction

According to this statute, you could also be ineligible for a release from jail on bail if any of the following is true:

• You are a repeat offender
• You are a flight risk
• You were involved in witness tampering
• You attempted to interfere with justice

These restrictions were necessary to ensure that you would appear in court after your pretrial release and that the communities were safe and crime-free. The 1984 Bail Reform Act introduced pretrial hearings to protect arrestees and allow the judge to determine whether any of the above special situations applied.

Recent Changes to Bail Bonds in America

Understanding the history of bail bonds can help you know whether the current changes are helpful and viable. In addition to giving you a chance to uphold your legal right to remain free before receiving a judgment on your case, the current bail system also prioritizes public and community safety before allowing you to secure your freedom on bond.

Since the 1980s, the rules regarding how the bail system works have not changed much. However, there are notable changes that you ought to know, especially here in California. In March 2021, the Supreme Court ruled that setting an excessive bail amount that a defendant cannot afford is unconstitutional.

However, according to some research, this ruling has not led to any changes in bail affordability or the length of time a defendant can stay behind bars before the judgment of his/her case. In 2018, the legislators also attempted to end the cash bail requirement. However, voters rejected the bill, making it unsuccessful.

Fortunately, bail laws have become less strict today, allowing the court to release you from jail without bail, also known as an O.R. release. If the alleged offense is non-serious and you are not a public threat, you can secure an O.R. release with a citation to appear in court later.

The Bail Bond System's Future

Looking back at the history of bail bonds and the evolution of the bail system over the years, the future of the bail bond system is undoubtedly bright. The ever-evolving legal standards and technological innovations will likely influence the bail bond system's future.

Advancements in technology, like electronic monitoring and risk assessment tools, allow the court to lessen the over-dependence on cash bail and manage pretrial releases. Technological advancements also make bail bonds in America accessible to more people. For example, when you are behind bars for an alleged offense, you or a loved one can contact a bail bondsman online to secure quick bail bond services.

Fortunately, reliable bail bondsmen are available around the clock, meaning you can secure your freedom immediately following an arrest. Upon an arrest, the police officer will allow you to call someone. While you can call anyone, contacting a bail bondsman or someone who can help retain the services of a bail bondsman on your behalf is a wise idea.

As soon as you contact the bondsman and give him/her the details he/she requests, like your jail booking number, he/she can begin the bail bond process immediately to help you secure your pretrial release without delay.

Find a Credible Bail Bondsman Near Me

As you can see above, bail bonds in America have a rich history, dating back several decades. From prehistoric civilizations to contemporary reforms, the evolution of the bail system reflects the ongoing struggle to balance fairness, public safety, and justice.

If you are looking for a reliable bail bondsman to help secure your freedom upon arrest, you can count on our reliable bail bondsmen at King Stahlman Bail Bonds. Call us at 619-232-7127 if you need bail bonds wherever you are in California.